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PREFACE. 


I T is the peculiar nature of this work, that every new 
impression of it is fraught with improvements. 

The subjects of which it treats are numerous ; and they 
are frequently receiving alterations from the legislature. 

Former editions have been enriched with the insertion 
of the following, viz. Exchanges ; Tables of the sterling 
Value of the real and imaginary Moneys of the World ; 
Freight , Charter-Parties , Demurrage , Insurance , and 
Salvage ; Series of Tables useful in maritime Affairs; 
Bills of Exchange; Impressing; Consolidation of the 
Duties Sy and Abstracts of Acts of Parliament relative to 
Commerce and Navigation ; Instructions for the Officers 
in the Royal Navy ; the subjects of Ballast ; Pilots and 
Pilotage; the Duties of Scavage and Package; the 
Duties payable at the Sound; and the North-American 
Duties , as last settled by Congress . 

The subject of Marine Insurances has been more sci¬ 
entifically discussed, and more clearly arranged; it is 
divided under the following distinct heads: 

The Policy of Insurance ; 

Losses by Perils of the Sea; 

Losses by Capture and Detention of Princes ; 
Losses by Barratry of the Master and Mariners; 
Partial Losses, and their Adjustment; 

General Average; 

Salvage ; 

Abandonment; 

Fraud in Policies; 

Sea-Worthiness ; 

Illegal Voyages; 

Prohibited Goods; 

Wager-Policies; 






IV" 


PREFACE. 


Re-Assurance and Double Assurance 

Changing the Ship; 

Deviation ; 

Non-Compliance with Warranties; 

Return of Premium ; 

Bottomry and Respondentia. 

And each of those heads is so fully considered, that 
scarcely any question can arise that may not be answered 
by a reference to this work. Nor is it only of use by 
way of reference ; it is a comprehensive treatise, whence 
may be collected the principles, upon which the contract 
of Marine Insurance is established, and by which 
alone it can be explained. 

The accounts proper for the Coal Trade, and the 
remarks upon those accounts, have received the fullest 
approbation of the public. They are by a gentleman of 
considerable experience and accurate information : they 
will, no doubt, be perused with increased advantage by 
all persons concerned in that important branch of our 
home commerce, as they present the best view of the 
present state of that trade. These, with all the modem 
decisions upon insurances, the rates of pilotage in the 
royal navy, an incorporation of the Convoy-Act, and the 
Countervailing Duties between Great Britain and Ire¬ 
land by the act of Union, w T ere the prominent improve¬ 
ments of the ninth edition. 

The present, being the tenth edition, has been com¬ 
pletely revised and considerably enlarged. The various 
alterations arising from new laws have been duly incor¬ 
porated. Among other important additions will be found 
a complete abstract of the act regulating the conveyance 
of passengers ; the new Convoy-Act; the Acts regulating 
imports and exports into and out of the Port of London, 
in consequence of the new West India and London 
Docks; and all other acts affecting the merchant-shipping 
of Great Britain, to the end of the last session of parliar 
ment in August, 1803. 




CON- 




[ V ] 


CONTENTS. 


•CHAP. I. 


Of Disbursements and other Ship-Accounts. 

V/ E method of signing bills of lading to indemnify the ship 

Seamen’s accounts - - 

Apprentices accounts 


A seaman’s receipt for ivages - —- - 

A bill drawn from the Sound - —. .—— -- 

Disbursements upon a voyage to St Petersburgh and back again to London 

Portage-bill of seamen’s wages - - - 

The captain’s account-current with his owner ——— -- 

Division of the profit among the concerned ■ ■ • - — 

Invoice of goods sent by the owner for the captain to dispose of - 

The captain’s account-sales of those goods —-- - 

Manifest qf goods reporte^at a foreign custom-house - 

Manifest of ship’s cargo reported in England - -- 

Bill of parcels for freight 


Method of taking an account of goods that are paid freight by mea¬ 
surement - --- - 

Accounts proper to the Coal-Trade- -- 

fitter’s account - -- 

Factor’s account - -- - - 

Jlemarks on the coal-accounts — - - — — - 

To cast up . coals - - - -- —■— 

Annual importation of coals into London for nine years — — 

Letter of credit - -- — — 

A bill of credit ---- - 


Page 

1 

- 2' 

. 4 

4 

4 

5 

7 

8 

8 . 

10 

10 ‘ 

1 1 
11 
11 

12 

14 

14 

15 

16 
18 

19 

20 
20 


C H A P. II. 


Instructions for the Guidance of all the Officers on-board any ofh 
jestv\s Ships; and Tables generally used in maritime Affairs — P. 2 

Number of men cind servants belonging to officers - - 

Table-money - - - 

Hank and command "-- — —— - 

The flag-officer - - -- 

Courts-martial .. . . . —— 

Ceremony and respect —- -- 

Colours - —-- - ■- 


Appointment of officers in foreign parts 
Salutes * - - 


The captain and commander 

The lieutenant - 

Tike master ^ 


A 3 


is Ma- 
1 to 61 

- 21 
- 22 
- 22 

- 23 

~ 23 

- 24 

- 24 

- 25 

- 26 

- 27 

- 33 

- 33 
The 








































































CONTENTS. 


fUi 


CHAP. VIII. 


Page 

Exchanges * «- -- P. 131 to 140 

Explanation of terms used in Exchanges -: —— 131 

Rule to calculate the agio between Holland currency and banco or bank 


Exchange between London and Dublin 

Amsterdam 

Hamburgh 

Haris 

Madrid 

Lisbon 

Leghorn 

Genoa 

Venice 


-- 132 

- 13.3 

134 

- 135 

- 136 

- 137 

-138 

- 139 

- 140 


CHAP. IX. 


Of Bills of Exchange 


P. 141 to 147 


Foreign bills - - - —;— 1 41 

Inland bills - -— - - —— 141 

What shall be deemed a bill of exchange " - - ■ - - 1 42 

Of the acceptance -- - 142 

Of the protest - - . ■■■— - - 143 

Of indorsements - — — ■ - 1 44 

Of who shall pay the money - - — — 144 

Duty on inland bills of exchange — 1 ■ r - 144 

Duty on foreign bills ; of exchange - - ——— 145 

Exemptions from the preceding duties -- - 145 

Regulations in the aforesaid act for laying duties on bills of exchange , 

fcfrV. - -— - - 145 


Promissory* notes - - - - 

Promissory-notes which may be re-issued after payment at the places 

where first issued - , - - 

Promissory-notes which may be re-issued after payment , without re¬ 
striction to place —--- - - 

Directions to the drawer of bills ■ — - -- 

Directions to the acceptor - - -- 

Directions to. the bill-holder - - — - — — — 


145 


146 


146 

147 
147 
1*47 


CHAP. X. 

Useful Tables ---P. 118 to 165 

A table of the real and imaginary moneys of the. world --148 to 159 

JJ'he new moneys of France -=— - - V60 

A table of the agreement which the weights of the principal plaUs cf 

Europe have with each other -— 161 to 163 

A table representing the conformity which the long-measures of the prin¬ 
cipal trading-cities of Europe have with each other — 164 to 165 

C H A P. XI. || 

A • 

Miscellaneous Articles -- - P. 166 to 172 

A table of ' the agreement which the corn-nrseasures in the principal 

places of Europe have-with those of England and Amsterdam 166 

New 

































































CONTENTS. 


New French weights and measures 

Of useful things - 

Table of Newcastle coal-measure 
Corda\>c-t able .--• 


Quantity of powder allowed on-board in the River Thames 
Rule for ascertaining the tonnage and burthen of ships 
Directions relative to ships passing the several lights 

x l O O 


rat 
Page 
P. 167 to 168 
V--■ 168 

——- 169 

—— 170 

-- 17 ! 

- 172 


C H A P. XII. 


Masters of Ships 


P. 174 to 17 G 


Masters of ships responsible for goods committed to their charge ■»— — 
Masters are liable for goods of which a ship may be robbed :n the river 
Masters of ships , hoy men, (3 c. are to carry goods against all events but 

the acts of God and the enemies of the king — .. — 

Carriers, hoy men, ifc. not answerable for goods lost by tempest - - 

Carriers, ifc. liable for goods lost by fre - ■.. 

What acceptance makes a carrier liable ' - - — -■» 

If the owner of goods takes them from a ship in a lighter, if c. and 

they are lost, it is his own loss - ■ - - - - 

How masters are to conduct themselves when passengers die - 

Masters may enter into agreements with seamen 


Masters are to subsist shipwrecked British seamen, if c. at bod. per diem 
Masters to keep regular accounts of penalties, forfeitures, ifc. —- 

C H A P. XIII. 

.Seamen and Seamen’s Wages in the Merchant-Service, 


174 

174 

174 

174 

175 
175 

175 

175 

176 
i 76 
17 to' 


P. 176 to 182 

- 176 

- 176 

-- 177 

- 177 


Seamen must sign agreements -- -- 

Seamen lose their wages by desertion -— - 

Seamen must not absent themselves, if c. without leave -- 

Seamen must be discharged by writing - - 

Seamen to be paid their wages within 30 days after arrived in Great 

Britain --* _-- 

Seamen must defend the ship and behave orderly — - 

Seamen wilfully 10 . ing the ship ---* 

Negligence of marines 


177 

177 

177 

177 

177 

177 

177 

17$ 


Seamen may sue for their wages in the admiralty — - 

If a ship be taken, seamen may obtain their wages to the time of capture. 

If a ship be lost, how seamen s wages are regulated -r- 

if a seatnan be impressed out cf a ship, his wages are recoverable to 

that time - - -- 

In a voyage to Newfoundland , ifc. if the ship be taken , how the vo ages 

are regulated -r- --- -* 

On a special agreement for voages, if the ship stay several months to 

refit, ifc. the scarntn may recover for that time - 

Seamen in the W e s t -1 n d 1 a T r a d k. — An act for preventing 
the desertion of seamen from British merchant-ships trading to his 
Majesty's colonies and plantations, in the IVe-t Indies, IT S to 182 


ITS 

/ 

178 


C TT tS T> VT' r 
1 i x V JL • t V » 


IMf R E S S IXG 


V . 132 to 18 l 

CHAP* 



















































X 


CONTENTS. 


CHAP. XV. 


Pago 

Of Freight,Charter-Party, and Demurrage, P. 181 to 194 


j Definition of Freight ---:- - 184- 

What a charter-party is . -- ■■■ ■ — • - 184 

Who may make a charter-party -- 1 - :- 1 85 

How a verbal agreement operates - -- 185 

Freight where no agreement - - 185 

Cargo answerable for the freight - - 185 

A trading voyage -« - --- 185 

Freight by the ton , &c.-—by the great s — by the month ; —for the 

voyage out ■ ■ - - - 185 

Freight cut and home ; — for passengers ; — for cattle ; — for wine 

when it has leaked -- ■ 186 

Of performance of the charter-party by the freighter - 1 87 

-_----*— by the master and owners .——- 187 

If a ship become unable, or be arrested by a foreign prince, &c. the 

master may mend his ship or freight another, &c. - 188 

If a ship do net sail at the appointed time , but afterwards arrive at 

the destined port , the freight is due - - ] 88 

Masters , letting out their ships , must not take in goods unknown to the 

freighter - - -- 188 

FIovj an embargo will end a charter-party - - 139 

Form of a charter-party of affreightment - - 189 

Form of a charter-party vohereby the owners of one moiety of a ship let 

to freight their share to.the owners of the other moiety — — 190 

Merchant-vessels hired by the Transport-office -- 191 

Form of a charter-party affreightment for that purpose - 191 

Form of a bill of lading - -- - 193 

Difference between a bill of lading and a charter-party -194 

Of demurrage - - - 19 4 


CHAP. xvr. 

Of Ballast, rates of it, and regulations concerning it P. 194 to 198 
CHAP. XVII. 


Of Pilots and Pilotage •—— - P. 193 to 201 

Act for the better regulation and encouragement of pilots for conducting 

ships into or out of the port of Liverpool . — 37 Geo. i II. c. 73 201 

Rates of pilotage in the Royal Navy - -- 20i> 

C H A P. XVIII. 

Of Marine Insurances - P. 210 to 301 

This Subject, with the adjudged Cases on all the important Points, 
is discussed under the following Heads, viz. 

I. The policy - -- - 210 

1. What persons may be insurers --- —_ 212 

2. What things may be insured -- - 213 

-3. The requisites of a policy ___215 

Firstly, The names of the persons insured - 216‘ 

Seiotdly , 














































CONTENTS. 


if. 

in. 

IV. 

v. 

VI. 

VII. 

vm. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 

XV. 

XVI. 

XVII. 
XVIII, 

XIX. 

XX. 
XXL 


Secondly , The names of the underwriters and sums insured 

Thirdly, The names of the ship and ?naster •_ 

Fourthly, Whether ship, goods, or merchandise, insured 
Fifthly, Where the risk commences and where it ends 
Sixthly, the risk commences and when it ends 

Seventhly, The various perils insured against -- 

Eighthly , The premium - _- 

Ninthly, Ihe date when executed -. -- - 

Tenthly , The proper stamps —- - 

Construction of the policy - --— __ 

Perils of the sea --— r - 

Capture and detention of princes - -_ 

Barratry of the master or mariners -- —_ 

Partial losses and adjustment : 


General averages, with examples for adjusting them 

Salvage . -— 

Abandonment -- 

Fraud in policies - - - 

Sea-worthiness . 

Illegal voyages —■ - 

Prohibited goods -* 

I Tager-policies 


Be-assurance and double assurance 
Changing the ship - 

Deviation ... 

Non-compliance with warranties 

Return of premium - 

Bottomry and respondentia 


Forms of policies and a respondentia 


.-bond 


296 to 


xi 

Page 

216 

216 

217 
21S 

218 
21S 

' 219 
220 
221 
223 
2 32 
233 
235 
240 
244 
253 
256 
26 4 
271 
272- 
273 
276 
278 
280 
230 
286 
289 
293 
301 


CHAP. XIX. 

Of Quarantine - - P. 301 to 322 

Act of 39 and 40 Geo. III. c. 80 (repealing all former laws) —■ — ■ 301. 

CHAP. XX. 

The Navigation-Acts - P. 323 to 345 

Navigation-act of the 12 Car , II. c. 18. - - 323 

Act for the farther increase and encouragement of shipping and naviga¬ 
tion .— 26 Geo. III. c. 60. - — 326 

Act to enforce and render more effectual ihe several acts for the increa e 

and encouragement of shipping and navigation .— 27 Geo. III. c. 19 340 
Act for granting to foreign ships, put under his majesty'’ s protection, the 
privileges of prize-ships , under certain regulations and restrictions , 

— 34 Geo. III. c, 42. -— - 342 

Act for the farther encouragement of British snariners, 34 Geo* III. 

c . 68. and extended to Ireland by 42 Geo. 111. c, 61 -— 345 

CHAP. XXI. 


The Smuggling-Acts 


P. 318 to 357 
Acts 








































XII 


C O N TENTS. 


Page 

Acts for the more effectual prevention of smuggling. — 24 Gen. III. c. 47. 

— 27 Geo. III. c. 32. — 2 8 Geo. III. c. 34. — 34 Geo. III., 

c. 50. — 35 Geo. HI. c. 5t, § 1.-42 Geo. III. c. 82 - 348 

Abstract of so much of the 27 Geo. III. Ci 32, as snakes farther provi¬ 
sions in regard to the vessels described in the preceding act ; and 
for extending the same to other vessels and boats —— ■— 354 

Abstract of so much of the 28 Geo. III. c. 34, as relates to the preven¬ 
tion of smuggling - -— — . . 355 

C FI A P. XXII. 

Manifest-Act. — 26 Geo. III. c. 40> Syc . - - P. 357 to 367 

CHAP. XXIII. 

Southern Whale-Fishery -- -- P.368 to 3.70 

Act for the encouragement and regulation of the southern whale-fishery t .368 

CHAP.' XXIV. 

British-Fisheries -- — P. 379 to 398 

Act for the encouragement of the ^British herring fisheries - 379 

Act to extend these fisheries to the subjects of the United Provinces, who 

reside in Great Britain. —- 35 Geo. III. c. 56 - 392 

Act for the encouragement of the mackarelfishery. — 35 Geo. III. c. 54 395 

C FI A P. XXV. 

Newfoundland Fisheries — -P. 398 to 405 

Act to render more effectual the several laves for encouraging the New¬ 
foundland fisheries. — 26 Geo. III. c. 26 - 39S 

C FI A P. XXVI. 

Greenland Fisheries --* -P. 405 to 411 

Acts for the fisheries in the Greenland Seas and Davis’s Straits. 

26 Geo. III. e. 41. — 29 Geo. III. c< 5.3. — 32 Geo. III. c. 22. 

— 34 Geo. III. c. 22.-39 & 40 Geo. III. c. 45. - 405 

C FI A P. XXVII. 

Acts for the Coasting-Trade - P. 411to4J6 

Abstract of an act for the better regulation and government of seamen 

employed in the coasting-trade of this kingdom. — 31 Geo. ill. c. 39 411 

Act for relief of the coast-trade ; for exempting certain coat-documents 
from stamp-duties ; and for abolishing the bond usually called the 
Isle-of-Man bond -- —- —— 41.4 

C FI A P. XXVIII. 

Abstract of an act for the better protecting the several Oister Fish¬ 
eries within this kingdom. — 31 Geo. III. c . 51 ——— 416 

C H A P. XXIX. 

The Slave-Trade Act. — 39 Geo. III. c. 80 P. 419 to 427 

CHAP. XXX. 

Conveyance of Passengers. - . p. 427 to 432 

Abstract of an act for regulating the vessels carrying passengers from 
the united kingdom to his Majesty’s plantations and settlements abroad , 
or. to foreign parts, with respect to the number of such passengers. 

— 43 Geo. III. c. 56 -. -- 427 


CHAP. 
















CONTENTS. 
CHAP. XXXI. 


x itf 


Page 

Convoy Act -- -- P. 433 to 435 

Abstract of an act for the better protection of the trade of the united 
kingdom during the present hostilities with France ,—43 Geo. III. 
c. 57 - -— -- 433 


CHAP. XXXII. 

West-India. and Londqn-Dock Acts -- I\ 436 to 450 

Regulations respecting the shipping and unlading of goods and merchan¬ 
dise at the new docks, &c. in the port of London. — 39 Geo. III. 

c. 69. — local - -- 436 

Abstract of so much of an act, to alter and amend the act from vjhich 'the 
foregoing is abstracted , as relates to the regulation of West-India 

'shipping .— 42 Geo. III. c. 1.13.— local - 440 

Abstract cf so much of the act, 39 & 40 Geo. III. c. 47. local, for 
“ making wet docks, basons, cuts, and other works, for the greitter 
accommodation and security of shipping, commerce, and revenue, in 
the port of Londonas relates to the lading and unshipping of 
goods, lAc. - - - 445 


The APPENDIX contains 

STEEL’s TABLES 

OF THE 

BRITISH 

CUSTOM and EXCISE DUTIES, 


WITH THE 

DRAWBACKS, BOUNTIES, 4* ALLOWANCES, 

DISPOSED IN A NEW AND MORE PERSPICUOUS ALPHABETICAL 
ARRANGEMENT THAN ANY HERETOFORE. 

TO EACH ARTICLE ARE SUBJOINED 

The Laws whi<?h regulate its Import and Export, particularizing the Ships 
and Packages to which certain Goods are lestricted, the Places to and from which 
they may be shipped, and the Penalties upon Breach o£ such Regulations ,* with 
clear and succinct Abstracts of all the Shipping-Laws that atfect the Commerce of 
Great Britain. 

IN the tables are incorporated 

The Duties payable upon the Warehousing System of East-India Goods; the 
London Port-duty ; the West-India and London-Dock Du ties j and all 
other Duties to the End of the last Session of Parliament. 

TO WHICH ARE ADDED, 

< The Countervailing Duties payable in Great Britain and Ireland respectively in conse¬ 
quence of the Union ; the Package and Seavage Duties payable to the City of Lon¬ 
don : the Duties payable upon Goods imported into the United States of America ; 
and a List of Duties payable upon Goods at the Sound ; with the Rules, Regulations, 
and Rates of Pilotage, for the Ports and Harbours of Norway; and a List of the Whar¬ 
fage-Rates, payable ip the Port of London. 













NEW REGULATIONS RELATIVE TO PRIZES. 

S INCE the printing of this work and the recommencement of hostilities, an act has 
been passed, entitled, “ An Act for the encouragement of seamen, and for the better 
and more effectually manning his Majesty's Navy ; for regulating the payment of Prize- 
Money, and for making provision for the salaries of the '-judges of the Vice-Admiralty 
Courts in the Island of Malta, and in the Bermuda and Bahama Islands. 43 Geo. III. 
c. 160. This act has revived, with emendations, all the principal clauses of that of 
the 33 Geo. Ill, c. 66, given hereafter, rhe operation of which ceased with the late hos¬ 
tilities. It moreover contains sundry new regulations-relative to the condemnation ol 
prizes, the security and the payment of prize-money. Section 50, in particular, enacts 
that every agent, when he shall register the first letter or letters of attorney which he is 
required to register, shall at the same time give security in the sum of 5000/. to the court 
of admiralty in which such letter or letters shali be registered, for the due execution of his 
trust, &c. in failure of which, he shall be for ever disabled from acting as an agent. — By 
§ 55, everv prize-agent shall, for one year after the time of distribution has commenced, 
keep an office open two days at least in every week, during the usual hours of attendance, 
lor the payment ol shares remaining due, which days shall be specified in the notification 
of payment, published in the gazette. 

By § 56, no power of attorney, given by any petty officer, seaman, or marine, &c. shall 
be valid an&cffectual for the receipt of prize-money, unless the same shall specify the 
name of the captured ship or vessel, together with the name of the ship ol war by which 
the same was taken ; nor unless executed pursuant to the acts 26 Geo. III. c. 63, 32 Geo. 
III. c. 34, and the other acts relative to the payment of prize-money, &c. of which ab¬ 
stracts are given in this work. By § 57, it is further enacted, that the stamp-duty on such 
instrument or special power of attorney, shall not exceed the sum of one shilling. 

This act is to continue in force during the present war, and no longer ; excepting as to 
such matters as shall then be depending in judgement. 

Thf, AC Tfor the relief of CAPTORS r/PRIZES, 33 Geo. III. c. 34, has ako 
been continued, until the conclusion of the present war, by 43 Geo. III. c. 134^ 



EXPLANATION of the REFERENCES on the PLATE, 

DESCRIBING THE RIGGING , &c. OF A FIRST-RATE SHIP. 


i BOWSPRIT 
» Spritsail-Yard and Sail 

3 Gammoning of Bowsprit 

4 H rse or Man Rope 
3 Bobstay 

6 Sprit-sail-Sheets 

7 Pendants 

8 Braces and Pendants 

9 Halyards 

10 Lifts 

11 Clewlines 

12 Spritsail-Horses 

13 Buntlines 

14 Standing-Lifts 

15 Spritsail-Topsail-Lifts 

16 Jib-Boom 

17 Jib, Stay, and Sails 

18 Halyards 

19 Sheets . 

20 Horses 

21 fib-guy 

22 SPRIT-SAIL TOP-SAIL 

YARD 

23 Horses 

24 Sheets 

25 Halyards 

26 Braces and Pendants 

27 Cap of Bowsprit 

^ Bowsprit Cap and head 

30 Head of Jib-boom 

31 FORE-MAST 

32 Runner and Tackle 

33 Shrouds 

34 Lanyards 

35 Stay and Lanyard 

36 Preventer-Stay and Lanyard 

37 Woolding the Mast 

38 Yard and Sail 

39 Horses 

40 Top 

41 Crowfoot 

42 Jeers 

43 Yard-Tackles 
'44 Lifts 

45 Braces and Pendants 

46 Sheets 

47 Fore-Tacks 

48 Bowlines and Bridles 

49 Fore-Buntlines 

50 Forc-Leechlines 
31 Fore-Top-Rope 

52 Puttock-Shrouds 

53 FORE-TOPMAST 

54 Shrouds and Lanyards 

55 Yard and Sail 

56 Stay and Sail 

57 Runner 

58 Backstays 

59 Halyards 

60 Lifts 

61 Braces and Pendants 

62 Horses 

63 Clewlines , 


64 Bowlines and Bridles 

65 Reef-Tackles 

66 Sheets 

67 Buntlines 

68 Crosstrees 
- 69 Cap 

70 FORE TOPGALL-MAST 

71 Shrouds and Lanyards 

72 Yard and Sail 

73 Backstays 

74 Stay 

75 Lifts _ 

76 Clewlines 

77 Braces and Pendants 

78 Bowiines and Bridles 

79 Flag-Staff 

80 Truck 

81 Flag-Staff- Stav 

82 Flag Lord High-Admiral 

83 MAIN-MAST 

84 Shrouds 

85 Lanyards 

86 Runner and Tackle 

87 Pendant of the Gornct 

88 Guy of ditto 

89 Fall of ditto 

90 Stay 

91 Preventer-Stay 

92 Stay-Tackle 

93 Woolding the Mast 

94 Jeers 

93 Yard-Tacks 

96 Lifts 

97 Braces and Pendants 

98 Horses 

99 Sheets 

100 Tacks 

101 Bowlines and Bridles 

102 Crowfoot 

103 Top-Rope 

104 Top 

105 Buntlines 

106 Leechlines 

107 Yard and Sail 

108 MAIN TOP-MAST 

109 Shrouds and Lanyards 
no Yard and Sail 

in Puttock-Shrouds 

112 Backstays 

113 Stay 

114 Staysail and Stay and Halyard 
ii 3 Runners 

116 Halyards 

117 Lifts 

118 Clewlines 

119 Braces and Pendants 

120 Horses 

121 Sheets 

122 Bowlines and Bridles 

123 Buntlines 
•24 Reef-Tackles 

125 Crosstrees 

126 Cap 

127 MAIN TOPGAL.-MAST 


T 28 Shrouds and Lanyards 

129 Yard and Sail 

130 Backstays 

131 Stay 

132 Staysail and Halyards 
T 33 Lifts 

T 34 Bi ice 3 and Pendants 

135 Bowlines and Bridles 

136 Clewlines 
r 37 Flag-Staff 
138 Truck 

1 J 9 Flag-Staff-Stay 
40 Flag-Standard 

141 MIZEN-MAST 

142 Shrouds and lanyards 
43 Pendants and Burtons 

'44 Yard and Sail 
45 Crow root 

146 Sheet 

147 Pendant-Lines 
48 Peekbrails 

149 Staysail 
1 30 Stay 

151 Derrick and Span 

152 Tup 

153 Cross-Jack-Ynrd 
*54 Cross-Jack-Lifts 

155 Cross-Jack-Braces 

156 Cross-J:>ck-Slings. 

157 MIZEN-TOPMAST 

158 Shrouds and Lanyards 

159 Yard and Sail 
r 6 o Backstays 

161 Stay 

162 Halyards 

163 Lifts 

164 Braces and Pendants 

165 Bowlines and Pendants 

166 Sheets 
*67 Clewlines 

168 Staysail 

169 Cross trees 

170 Cap 

171 Flag-Staff 

*72 Flag-Staff-Stajr 
*73 Truck 

174 Flag-Union 

175 Ensign-Staff 

176 Truck 

177 Ensign 

178 Poop-Ladder 

179 Bower-Cable. 

HULL. 

A Cat-Head 
S Fore-Channels 
C Main-Channels 
D Mizen-Channds 
E Entering-Port 
F Hausc- Holes 
G Poop-Lanterns 
ii C hessrrees 
Head 
K. Stern 

















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. ! ! 







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•’ ; . •' . 



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4>' *> 

I 





. . ■ \ • * , 

• • 

. 


* 










THE 

SHIP-MASTER’s 

COMPLETE METHOD OF 

KEEPING ACCOUNTS. 


CHAPTER I. 


OF DISBURSEMENTS, AND OTHER ACCOUNTS. 


T HE method of book-keeping is the art of placing our accounts in 
such an easy manner, that the whole, or any part, of the money * 
received and advanced may, with-the greatest clearness, betescertained 
in a very little time. 

Whatever is paid upon a ship’s account. The ship must be Dr for it* 
Whatever is received upon a ship’s account. The ship must have credit; 
for the same. 

It is recommended to every captain to keep a small memorandum- 
book, to set down the money as he lays it out, both for himself and his 
ship; likewise the money which he receives, lest at anytime it slip his 
memory and be forgotten ; then these accounts can easily be entered into 
a larger book, at leisure. By this method he can easily tell whether any 
thing has been omitted or not, by adding up the money paidj and taking 
it from the money received ; if what remains be equal to the cash he has 
in hand, nothing has been forgotten; if they do not agree, then it is plain 
something has been omitted. 

Many losses have frequently fallen upon owners of ships, for want of 
proper care being taken by their captains in signing bills of lading. 
When there is the least reason to suspect the quantity is not right, or that 
there is any damage in the goods, always write. 


if 


(If hemp, flax, bars of iron, 8rc.) 

Quantity and conditions unknown ; and three bundles of hemp in dispute: 
on-board , to be delivered , Thomas Smith . 


(If linen, yarn, bales, hardware, &c.) 

' Insides and contents unknown to Thomas Smith . 

(If tar, wines, brandy, turpentine, &c.) 

Contents and conditions unknown; not to be accountable for leakage; and 
it is agreed that the freight shall be paid for the quantity shipped. 

Thomas Smith. 

The following accounts and examples will be sufficient, for any voyage'’ 
whatsoever, to render a captain’s accounts and transactions concise and 
pleasant to himself, notwithstanding they are limited to one voyage only; 
but, if he go to many other ports before he return home and settle his 
accounts, these are plain enough to give him a perfect idea how to settle 
them for such voyages, how long soever they may happen to be, as, in 
this voyage, money is disbursed and received at London, Elsineur, and 
St. Petersburgh. 

B Dr 


t 






2 THE SHIP-MASTER’s ACCOUNTANT. 

Dr Peter Saxeall, Mate on-board the 


1803 
April 3 

May 10 
12 

14 

18 


June 17 
July 17 

31 


To cash paid him in London — — — 

To cash at St Petersburgh — 2 Rubles 

To ditto — — — — 1 

To two pair of slippers — 1 

To one piece of linen — — 4 

To cash — — — — 3 

Rubles 11 at 45 each 


To two half-anchors of brandy — — — 

To three pounds of tea — — -— — 

STocash, at London '— — — — — 

To one jacket — — — — — — 

To monthly pay to his wife, paid by the 
owner — — — — — — — 

To balance paid in full — — — — 


2 

1 

0 

1 

2 
3 

14 


May 1 
June 17 
July 31 


Peter Wilkinson , Cook. 
To cash, at St Petersburgh 
To brandy at the Sound — 
To balance paid in full — 


Dr 


10 


June 17 
July 22 
25 


July 25 


John Smart , Seaman. 

To three pounds of tea, at the Sound 
To cash, at London — —- — 
To balance paid in full — — 


Dr 


£ 8 


Joseph Howell, Seaman 
To cash paid hi full — .— 


Dr 


1 


o o 
































THE SHIP-MASTERS ACCOUNTANT. 


Favourite Nancy , with Thomas Smith . Cr 


1303 

Entered into pay 1st of April. 

l 

s. 

d. 


By wages from the first of April to the first 
of August, four months, at 3l. 10s. per 
month — — — — — _ _ 

14 

0 

0 

% 


f 


V. 


Contra Creditor. 

By wages from the 1 st of April to the first 
of August, four months, at 50s. per 
month — — — — — — — 

10 

0 

0 


Contra Creditor. 

By wages from the 5th.of April to the 25th 
of July, three months and twenty days, 
at 45 s., per month — — — — 

8 

5 

0 


Contra Creditor. 

By wages from the 5th of April to the 25th 
of July, three months and twenty days, 
at 45s. per month — — — — — 

8 

5 

0 


B 2 


























4 


THE SHIP-MASTER’s ACCOUNTANT. 


1803 
July 18 
31 


John Vowel!, an Apprentice. 

To cash, at London — — — — — 

To balance of four months wages, at 5 s. per 
month — — — — — — — 


April 2 
June 17 

,JMjf 

V* ♦ 


■«' 


Richard, Moatley, an Apprentice . 

To jackets and a shirt— — — — — 
To a pound of tpa, at the Sound ‘ V— — 
To balance of “vwtges —< — **r-x — 


A,, r' 


By four month’s wages, at4l. per year, from 
April 1 to August 1 — — — — 


seaman’s receipt. 

Received, of Captain Thomas Smith, master of the Favourite Nancy, 
of London, fourteen pounds; which is in full for wages, and in satisfac¬ 
tion of all other claims and demands whatsoever, on the said captain and 
owners, during the time of my service on-board the same ship, or any 
other ship belonging to the same owners. Witness my hand, at London, 
this first day of August, 1803. 

Peter Saveall. 

.£14 0 O Witness, Isaac Fearly. 


N. B. Agreeably to act of parliament, this receipt must be on 
a two-shilling stamp. 


BILL DRAWN AT THE SOUND. 

£20 sterling. Elsineur, 16th of June, 1803. 

Six weeks afterdate, pay to Mr. Thomas Lovely, or his order, twenty 
pounds sterling, value received for the use of the Favourite Nancy, and 
place the same to the account of 

Thomas Smith. 

To John Delight, Esq. 

London. > 


Account 



























THE SHIP-MASTER’S ACCOUNTANT. 


5 


F 


Account of Disbursements for the Ship Favourite Nancy, on a Voyage to 
St Petersburgh, and back . By Thomas Smith , Master . 


1803 

---=-- 

Commenced April 1, 1803. 

l. 

s. 

d. 

April 1 

To the seamen's contract — — — — 

0 

11 

0 


To forty tons of ballast — — — — 

2 

10 

0 

3 

To men heaving in ditto — — — — 

0 

14 

0 


To greens and oatmeal — — — — 

0 

2 

0 


To two handspikes — — — — — 

0 

2 

0 

4 

To the sail-maker's bill — —■ — — 

18 

14 

0 


To the smith's bill — — — — — 

3 

19 

4 


To mending a stove — — — — *— 

0 

3 

8 

5 

To the baker's bill — — — — — 

4 

0 

0 


To the bcrcher's'bill — — — — — 

5. 

15 

4 

6 

To butter and sugar for sea-stock — — 

0 

‘ 17 

11 


To a dozen bottles of porter — — — 

0 

6 

6 


To waterage and coffee-house expenses — 

0 

4 

1 


To watermen going down the Pool — — 

0 

5 

3 

7 

To fresh meat, at Gravesend — — — 

0 

2 

0 


To charges of clearing at ditto — — — 

1 

0 

0 


At Yarmouth. 




11 

To greens — — — — — — — 

0 

2 

0 


To bread — — — — — — — 

0 

1 

8 


To a fowl — — — — — — — 

0 

1 

2 


- 

39 

11 

11 


At Elsineur. 




April 24 

To postage of a letter — •— — — 

0 

1 

0 


fTo two half-arlchors of brandy, for the 




• 

< ship's use — — — — — — 

2 

10 

0 


£ To three pounds of tea —■ — — — 

0 

12 

0 


To pilotage through the Grounds — 

1 

0 

0 

June 16 

To port-charges up and down — —»• — 

4 

0 

0 


To fresh meat — — — — — — 

0 

10 

0 


To butter, sugar, &c.— — — — — 

0 

7 

0 


To a shore-boat — — —■ — —- — 

0 

10 

0 

j * 

| 

£ 

" 9 

10 

0 




B 3 


























S THE SHIP-MASTER’s ACCOUNTANT. 


1803 
May 11 

12 

15 

20 

• 27 

DISBURSEMENTS. 

At St - Petersburg ?!. 

To drink-money to the pilot — — — 

f To eighty-four pounds of beef — — — 

1 To two large casks of beer— — — — 

To a spare top-mast — — — — — 

To four bolts of sail-cloth — — — — 

C To port-charges — — — — — — 

\ To harbour-master. & c. — — — — 

To deals for dunnage—- — — — — 

To mats ditto — — — — — — 

To commission on the freight, paid the 
merchant — — — 7— . -jp — 

To cooking on-shore — — — — — 

To expenses — — — — — — 

To the butcher’s bill — — — — — 

To the baker’s bill — — — — — 

To postage of letters — — — — — 

To pilotage out to sea — — — — 

rubles. 

1 

1 

0 

5 ' 
21 

28 

5 

24 

5 

20 

5 

20 

27 

20 

2 

3 

cop. 

0 

6 

50 ' 
50 
20 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

188 

20 

• 

At London. 

/. 

s. 

d. 

July 16 

To watermen coming up the Pool — — 

0 


7 

6 


To entering a protest — — — — — 

0 


5 

0 


To reporting and light-money at the cus- 






tom-house — — — — — — 

4 


7 

6 

17 

To heaving-up the chains — — — — 

0 


5 

0 


To mutton and beef — — — — — 

1 


4 

4 

28 

To transporting ship — — — — — 

0 


7 

0 


To workmen unloading — — — — 

0 

10 

0 


To hospital-bills — — — — — — 

0 

18 

0 


To chain-dues — — — — — — 

0 


.8 

0 


To waterage and expenses — — — — 

0 


6 

9 


To greens and oat-meal — — — — 

0 


2 

0 


To. surveyors clearing ship — — — — 

0 


7 

6 


£ 

9 

18 

7 





























THE SHIP-MASTER's ACCOUNTANT. 





























THE SHIP-MASTER’s ACCOUNTANT. 


Dr Mr. Thomas Delight, Otcner of the Favourite Nancy, 


1803 
April 11 

May 28 

July 31 
Ditto 

To sundry disbursements, per account — 

To ditto at Elsineur — — — — — 

To ditto at St Petersburgh, 188 rubles, 20 
copecs, at 4s. per ruble — — — — 

To disbursements at London — — — 

To the amount of the portage-bill — — 

To a bill remitted from St Petersburgh, 650 
rubles, exchange at 4s. -— — — -s- 

l. 

39' 

9 

37 

9 

66 

130 

s. 

11 

10 

12 

18 

16 

0 

d. 

1 1 
0 

9 

7 

8 

0 

293 

9 

11 




Dr. 

Favourite Nancy, her Account-current. 




1803 





April 2 

To insurance and otb?r charges — — — 

39 

5 

0 


To commission on the freight, at 2| per 





cent, for being ship’s husband — — — 

9 

12 

6 

11 

To disbursements at London, &c. — — 

39 

11 

11 


To ditto at the Sound — — — — — 

9 

10 

0 

May 28 

To ditto at St Petersburgh — — —- — 

37 

12 

9 

July 31 

To ditto at London, homewards — — — 

9 

18 

7 


To the portage-bill — — — — — 

66 

16 

8 


To balance gained •— — — — — 

144 

16 

7 



357 

4 

0 

1803 





July 31 

To Mr. T. Delight, for his half gained — 

72 

8 

n 


To L. Dorsley, Esq. for his quarter gained — 

36 

4 

2 


To J. Woodbine, Esq. for his eighth gained — 

18 

2 

1 


To Capt. Smith for his eighth gained — — 

18 

2 

Of 



144 

16 

7 


















9 


THE SHIP-MASTER’s ACCOUNTANT. 

V I 

his Account current ivitk Thomas Smith. Cr 


1803 


1 

s. 

d . 

April 4 
May 28 

By cash received before I sailed — — — 
By freight received at St Petersburg!!, 600 

46 

0 

0 

rubles, at 4s. per ruble — — — — 
By net proceeds of the adventure, per ac- 

120 

0 

0 



count sales, 250 rubles, at 4s. per ruble — 

50 

0 

0 

June 16 

By freight to the Sound — — — — 

1 

4 

0 

Ditto 

By my bill drawn upon him — — — 

20 

0 

0 

July 19 

By cash received of him — — — — 

10 

0 

0 

20 

By cash ditto — — — — — — 

27 

15 

6 


By monthly pay to Peter SavealPs wife — 

2 

0 

0 

August J 

By balance due to me — — — — — 

16 

10 

5 


v Errors excepted. 

London, August 1, 1803. 

293 

9 

11 






Thomas Smith. 




1803 

Contra Creditor . 




May 25 

By freight to St Petersburgh *—■ — — 

120 

0 

0 

By freight to the Sound — — — — 

1 

4 

0 

July 31 

By freight from St Petersburgh to London, 





viz. 





100 tons of hemp, at 2l. per ton — — — 

200 

0 

0 


2 tons and 16 cwt. of flax, at 2l. per ton — 

5 

11 

8 


800 deals, at 3l. per hundred — — — 

24 

0 

0 


Two-thirds of the port-charges — — *■— 

6 

8 

4 



357 

4 

0 

July 31 

By balance, from above, gained — — — 

144 

16 

7 


London, August2, 1803, 





Errors excepted. 





T. Delight. 





/ 

V 















10 


THE SHIP-MASTERS ACCOUNTANT. 


Invoice of sundry goods shipped on-board the Favourite Nancy, Capt. 
Smith , bound to St Petersburg^, consignecLto the said Captain, to be sold 
for my Account and Bisk, viz. 


Marked T. JD. 
T. D. 

1 box 


4 barrels of rice, cost — — 
1 cask, containing 10 cheeses 
T D ^ ^ ^ ai ’^ s °f ^ ne broad cloth — 


12 dozen of pen-knives — 


/. 

15 

2 

12 

3 


s. 

8 

0 

0 

12 


Entering at the custom-house 
Wharfage and shipping — 
Porterage and other charges 
Insurance —• — — — 


l s. d. 
0 5 0 

0 14 0 
0 . 2 6 
0 13 6 


c£33 0 0 


1 15 0 


<£34 15 0 


London, 4th of April, 1803. 

Thomas Delight. 


Account-Sales of sundry Goods, per the Favourite Nancy, London, 
sold for Account and Risk of Mr. Thomas Delight, Merchant, at the 
said Place. 


Sold to Sundries, viz. 

Rubles. 

R. Zant, 4 barrels of rice, for — — — — 114 

J. Buerly, 10cheeses, at 2 rubles — — — — 20 

Ditto, 7 yards of cloth, at 7 rubles per yard — — 49 

P. Miser, 8 yards of ditto, at 7 ditto — — — 56 

X. Hassel, 12 dozen of pen-knives — — — 48 


287 


Charges . 


Rub. Cop. 

Custom-house charges and duty — — 14 15 

Lighterage and other Charges— — — 2 50 

Brokerage — — — —- — — — 6 O 

Commission, at 5 per cent. — — ■— 14 35 

- 37 


/ 


Net proceeds 250 Rub. = £50 
St Petersburg!^ 27 th of May, 1803. 

Errors excepted. 


Thomas Smith. 












11 


THE SHIP-MASTERS ACCOUNTANT, 


Manifest of. Goods on-board the Favourite Nancy, bound to the Sound 
and St Petersburgh. 

- For the Sound. 

K. 11 1 bale for John Rose — »— — — 6 rix dollars. 

For St Petersburgh. ~ Rubles. 

1 cask for Van Troop — — — — — 12 

7 cases Z. Levy — — — — — — '23. 

1 bale R. Zantippe — — — — — — 28 

1 cask of porter 1 


F. G. 3 
S. S. 1 to 7 
X! 27 
P. Z. 

Directed 
D. 1 to 100 
W. 1 to 29 


J trunk 
100 fahds of tobacco 
29 hhds of sugar' 


Pope and Co. 


492 


T. D. 

4 barrels 0 



T. D. 

1 cask of cheese > myself 



T. D. 

1 box of cloth 3 



S. E. 

1 bale, E. Priestley — — —» — 


25 

C. 50 to 57 

7 barrels of rice, D. Hagen — — 

■ — — 

15 


600 

. , - j|. . . — ' ;^ C * * * ; * 

Manifest of Goods shipped on-board the Favourite Nancy, Thomas Smith , 
Master, from St Petersburgh to London. 

123 bundles of rough hemp 

7 packs and 12 bobbins of flax 

8 hundred of ordinary deals 
17 ordinary deals 

100 mats 

3 pounds of tea 
2 dozen bottles of brandy 
London, 16th of July, 1803. 

[A captain’s report at the Custom-house, in England, is a copy of such 

manifests 


for Walkington and Co. 

* • 

for the ship’s use. 

Thomas Smith. 


A Bill of Parcels for Freight. 

London, 29th of July, 1803. 
Messrs. Walkington and Co. 

To the owners of the ship Favourite Nancy, Dr for the freight of sundry 
goods from St Petersburgh. 1. s. d . 

To 100 tons of hemp, at 2l. per ton — — — — — 200 0 0 

To 2 tons and 16 cwt of flax, at 2l. per ton — — — 5 118 

To 800 deals, at 31. per hundred — — — — — 24 0 0 


Port-Charges. 229^11 8 

Pilotage through the Grounds— — — — £\ 0 0 

Port-charges at the Sound — —- — — 3 0 0 

Shore-boat — — — —• — — — 0 10 0 

Waterman up the Pool — — — — — 07 6 

Reporting and light money — — —- — 4 7 6 

Clearing the ship — — — — —. — 07 6 


9 12 6 

Two-thirds of which is 6 S 4 


* 


*£’236 0 O 












12 


THE SHIPMASTER’S ACCOUNTANT. 


Account of Goods taken into the Favourite Nancy , 


Date 

Mark. 

Numbers. 

Packages or 
Quality. 

Length 

Breadth. 

1803 
April 2 

F. G. 

3 

/ 

1 cask of hardware 

Ft. In. 
4 2 

Ft. In. 

4 2 


S. S. 

1 to 7 

7 cases of tobacco 

3 0 

2 0 


X 

27 

1 bale 

4 3 

2 7 

3 

P. z. 

1 

1 cask of porter 

3 0 

2 0 


directed 


1 trunk 

3 4 

2 5 

4 

D. 

1 to 100 

100 hhds of tobacco 

- - 

- - 

5 

W. 

1 to 29 

29 hhds of sugar 

- - 



T. D. 


4 barrels of rice A 




T. D. 


1 cask of cheese V 

- - 

- - 


T. D. 


1 box J 



6 

S. E. 


1 bale 

7 0 

3 0 


C. 

50 to 57 

7 barrels 

2 0 

2 0 

6 

K. 

11 

1 bale 

3 0 

2 0 


N. B. Cargo-Books, ready ri^Jed in the form of this actount, both for the ship and 
pocket, are to be had of P. STEEL, at the Navigation-Warehouse, No. i, Union- 
Row, Little Tower-Hill, London. 


























THE SHIP-MASTER’s ACCOUNTANT. 13 

bound to the Sound and St. Petersburgh. 


Depth. 

Solid 

Content.* 

Freight. 

By whom (hipped. 

To whom consigned. 

Ft. In. 

Ft. In. 

Rubles 

\ 


3 0 

52 1 

12 

F. Gordon 

Van Troop, Petersb. 

1 0 

6 0 

28 

Straver & Co. 

Z. Levy, ditto 

2 0 

22 0 

28 

Hope& Aubert 

R, Zantippe, ditto 

1 8 

1 4 

10 0 

10 9 

^ 492 

Jas Wallace 

Pope and Co. ditto 

- - 

- 

- ~ ~ 

Thos Delight 


2 11 

81 - 8 

25 

H. Cogan 

E. Priestley, ditto 

1 10 

7 4 

15 

Ditto 

D. Hagen, ditto 

1 8 

10 0 

| 

600 

6 rix-dollars 

Geo. O'Hara 

Jn Rose, Eisineur 


* This column is obtained from The Merchant's and Ship-Master's Ready Calculator , 
and complete Rocket-Assistant for all Persons concerned in the Freight of Goods; con¬ 
taining an accurate Set of Tables, which exhibit at one View the solid Content of a I 
Kinds of Packages. The Fourth Edition, printed for P. STEEL, Little Towei-Hill. 
Price Six Shillings, 




















14 


THE SHIP-MASTERS ACCOUNTANT. 


ACCOUNTS PROPER IN THE COAL-TRADE. 

T HE coa!-trade is carried on.in a different way, by shipping, froir? 

ary other trade; for, in general, the owners of ship’s seek em¬ 
ployment by freighting them to merchants, and they have no concern or 
interest in the cargo farther than that of safely carrying it to its destined 
port; but, in the coal-trade, the two characters of merchant and ship¬ 
owner are united; they make themselves liable to all the chances of rise 
or fall oT markets, of the repute or disrepute of the particular sort of coals 
which the ship happens to have in ; of the plenty or scarcity of coals at 
market; and, too frequently, instead of making a profit in each of the 
separate characters of merchant and ship-owner, they find the expenses of 
the voyage to absorb all the money received for the coals, and that an ab¬ 
solute loss takes place by the adventure. 

That this is the case is well known by all that have been concerned in 
it: that it should continue to be the case arises from the coal-trade being 
almost the only one where the ship-owner can, on his small capital, and 
by the variety of acts of parliament passed to make the trade free and 
open, take 7 on himself the united characters of merchant and ship-owner; 
and thus the surplus of the carrying-trade finds its way into this, when 
all others fail or are fully supplied. 

But, besides this, the business of a merchant is carried on by system ; 
he diligently makes enquiry as to the annual demand for the article, the 
quantity in hand, and what is likely to be imported by others; and, from 
his large capital, he is enabled to keep the goods until better prices can 
be obtained. These cannot be attended to in the coal-trade; it is a fluc¬ 
tuating article of demand, varies with every change of wind, and the ship¬ 
owner, having a valuable property and daily increasing expenses in his 
ship, can neither study the markets, nor> from his small capital and heavy 
expenses, speculate against the time that demand may come. Nor is 
this all; his habits of life do not lead him to carry on his acoounts on sys¬ 
tem, or to discriminate where the gain or loss happens: he takes his 
chance of the market, be it high or low ; and the.actual examination of 
the cash in his pocket, at the end of the voyage, has sometimes been, 
known to be the only criterion by which he judged of his profits. 
Where accounts are kept, the whole is consolidated into one, without 
discrimination of what arises from freight made of the coals or what are 
the expenses of the ship. To lay the first step towards so necessary a 
separation of accounts is attempted in the following instance,, taken from 
an actual voyage in the coal-trade. 


j Prime Cost , Duties, Expenses and Freight , made of Coals imported from 
. Newcastle into London in the Year 1803. 


At Nezucastle. 

To 15 keels, or 120 Newcastle-chal- 
drons, of best coals, viz. Biggs, Hea¬ 
ton, Hebburn, Kenton, Percy-main, 
Walker, or Willington, sold at 26s. 
per Newcastle-chaidron — — 
To 15 keel or lighter dues^ at 13s. 4d. 

per keel — — — — — 

To beer-money, at Is. 4d. per keel — 
To coast-duty at Is. per cha. certifi¬ 
cate 6d. — — — — — — 

To coast-lights — — — ■ 


d. 


156 0 0 


10 

1 

6 

3 


0 

0 

0 

12 


l. s. d . 


Carried over 


176 12 8 






THE SKIP-MASTERS ACCOUNTANT. 


10 

11 

12 

13 

U 

15 

16 

17 

18 

19 

20 


Prime cost brought over — — — 

To spurn-light Id. per cha. and Brid- 
lington-pier 0d.£ per cha. — •— 

To corporation of Newcastle town’s 
dues, at 2d. per cha. — — — 
To low-light Is. 2d. cocket and bond 
3s. 8d. clerk’s fee, 2$. 6d. stamps 

3s. 2d.-— — —- — — ^ 

To insurance on total amount of cargo, 
viz. on 182L at If guinea per cent, 
policy 5s. — — — — — 

Prime cost 


at London.— Factor’s Account. 
To cocket-fee, water-bailiff, 
return, trinity-dues, lord- 
mayor’s. dues, market- 
dues,. meter’s office, and 
factor’s clerk — — /l 11 

Tometageand orphan’s du¬ 
ty, at 1§. 2d. per cha. — 13 11 
To king’s duty 8s. lOd. per 
ditto; duty on meter’s 
sack Is. 6d— — — 102 15 
To five per cent, additional 

duty on ditto— — — 5 2 
To bond — . — — — 0 19 


<£123 19 3 


0 6 0 


— — 4 4 6 


To discount allowed the 

buyer — — — — 5 12 

To scoraged 0 . Is. per score 0 11 

To sundry petty expenses 
charged by the factor — 

To factor’s commission, 10s. 
per cent. Ditto for del 
credere, or guaranty, 10s 
ditto — — — — 

C To undertaker’s bill foi 
j delivery of the cargo 
j To dock dues — — 

*To tons of ballast — 

London charges— 
To balance left, for the freight and 
importer’s profit — — — — 


Cr, by sale of 232f cha. of coals, at 
37 s. 6d. per London cha. — ■ 


£ s. d. 

176 12 8 


0 10 6 


3 2 4 


15 

dr 


181 18 0 


134 13 9 

106 6 - 3 
422 18 0 

422 18 0 


remarks 



















' 16 


THE SHIP-MASTER'S ACCOUNTANT. 


REMARKS ON THE ABOVE ACCOUNT. 


1. The Newcastle chaldron is to weigh 53 cwt. 

’ N. B. Walls-end coals sell at 27s. per chaldron, which makes a differ¬ 
ence of full 6d. per London-chaldion more. 

2 Keels are craft employed to bring coals from the staiths or wharfs to 
the ship: they carry eight Newcastle-chaldrons, or 21 tons 4 cwt, have 
marks on the stem and stern, similar to ballast-lighters, to ascertain the 
quantity of coals in them ; and the charge is the same to the importer, 
viz. 13s. 4<I. per keel, though the distance is various, some staiths being 
within two miles, and others fourteen miles, from the ships. 

3. The keels are navigated by three men and a boy, who are allowed 
Is. 4d. each for beer: this charge in freighted ships is sometimes paid 
fey the -ship out of the freight, but this is only by virtue of a special 
agreement. 

4. This duty, called coast-duty, originally was 2d. per chaldron, 
payable to the crown: it is mentioned in a statute of 9 Hen. V. 
cap. 10, A. D. 1422; but the grant is not ascertained farther back. 

In the reign of Queen Elizabeth, the arrears being considerable, she 
forgave the amount, on condition that the society, cailed Hostmen, (who 
had existed from 1403, and prayed to be incorporated, and have tha- 
exclusive privilege of vending coals,) should pay in future to the queen, 
her heirs and successors , 1 s. per chaldron. 

A. D. 1677, King Charles II. granted to his natural son, Charles, 
Duke of Richmond and Lenox, and to his heirs, the above duty. 

A. D. 1S00, the government re-purchased this duty for the annual 
sum of <£19,000, payable out of the Treasury to the present Duke of 
Richmond and his heirs ; and, on failure of issue, the annuity reverts to 
the Treasury. 

The duty amounts to above <£20,000 per annum, as more than 
400,000 chaldron of coals are annually exported from the river Tyne ; 
and the 6d, charged each ship for certificate, pays all the expense of 
collecting. 

5. Coast-lights amount to about 7d. per Newcastle-chaldron. In the 
coal-trade, when ships are freighted, the freighter pays all the lights, 
and the ship pays all pilotage. 

6. The spurn-lights were granted by charter from the crown, and are 
in private hands. Bridlington or Burlingcon-pier is by act of parliament, 
and the amount received is expended on repairing and improving the 
pier and harbour. 

7. These dues were claimed, and paid for many years, at the rate of 
5d. per chaldron: a late trial has proved the right to be only 2d. per 
chaldron. Newcastle-freemen are exempted, as are London-freemen 
also; but doubts are held, whether they must not be resident to entitle 
them to this privilege. 

8. Insurance is not usually made on cargoes of coals; but it is the 
practice of merchants to charge all articles they import or export with it, 
whether insurance is really made or not: for want of attention to this 
point, it is likely ship-owners, both in the coal and other trades, have 

' confused the profit they made by being their own underwriters with 
the real gains of the ship. 

By act of 35 Geo. III. cap. 63, a duty is laid of 2s. 6d. per cent, on 
all coasting voyages. The insurance in peace is lfgs in winter, in 
summer lfgs, per cent. I -• ^ 

9. Prime cost and expenses on coals amount to 15s. 7d.| ,per London- 
chaldron. 

10. Metage, 






THE SHIP-MASTER/s ACCOUNTANT. 


17 


* 10. Metage, 8d. per chaldron, is paid to the corporation of London 
for measuring coals, &c. and is repaid by the buyer (see note 20 fol¬ 
lowing). Orphan's duty, 6d. per chaldron, is paid likewise to the cor¬ 
poration, and is 'appropriated by act of parliament till 29th September, 
1831, for completing Black-fi iars-bridge, redeeming the tolls of Lon- 
don-bridge, re-building Newgate, repairing the Royal-exchange, em¬ 
banking part of the north side of the river Thames, paving the streets of 
Westminster and Southwark, widening Snow-hill, and improving Tem¬ 
ple-bar. 

11. The duty on coals, w ater-borne, was 5s. per chaldron throughout 
the kingdom, till the reign of Queen Anne, when a local tax of 3s. more 
per chaldron was imposed, to pay the interest on £ 1,7 50,000, borrowed 
at 4 per cent, to build 50 new churches and complete St Paul's. 

The import of coals being then only equal to the amount of the tax, 
a subsequent act carried the debt to the great funded debt of the country, 
and the interest was directed to be paid out of the consolidated fund. 

Had the money raised been appropriated as originally directed, the 
debt would have been paid and the tax ceased. As it is, by the addition 
of 10 per cent, on the customs in the American War, and the fractions 
under the consolidation-act, it makes the difference in duty, between 
London and the out-ports, to be 3s. 6d. per London chaldron; and on 
the average importation of nine years of war, on 852 , 692 % chaldrons, 
is <£149,221 : 2 per annum, which the inhabitants of London pay more, 
than the like quantity of coals would, if consumed in any other port 
in the kingdom. 

The meter takes a sack of coals as his perquisite, the duty on -which 
is paid by the importer. 

12. There is an additional duty on the customs of 5 per cent, by- 
act of 37 Geo. III. cap. liO. 

13. On entry of coals, either a sufficient amount of cash must be depo¬ 
sited, to, cover the probable duty, or bond entered into by the merchant 
and captain, for payment of the duty within six days after the delivery 
of the cargo. 

14. The charges included in this amount of <£123 : 19 : 3 are all 
fixed, and vary only with the quantity of coals delivered: the following 
charges differ according as the coals are sold at a higher or lower rate. 

15. The discount and scorage are allowed the buyer by virtue of the 
usual agreement for sale of coals, which is as follows: 

Messrs. A. & B. London, 1st Jan. 1803. 

Bought of C. D. Owner or Master of 
the Ship £. his whole Loading of Biggs-main coals, at £37 : 10 per 
Score, and Metage as usual; to be delivered in 5 f days, and to be paid 

on delivery of the cargo, viz. one third part the value in cash, one third 

part in a Note at Sixty days, dated on the day after the delivery of the 
Ship, payable to the Order of the said Owner or Master, and the 
remaining one third part on the third Market-day after the Ship’s deli¬ 
very. 

N. B. The Seller agrees to pay the Market-dues , and to allow the 
Buyer or Buyers £2 per cent, on the one third, if paid in cash, 
on the Ship's delivery; and £2 per cent, on the one third, if 
paid on the third Market-day after the Ship's delivery. 

* A. & B. 

Witness, F. G. C. D. 


C 


16. The 



18 


THE SHIP-MASTER’s ACCOUNTANT. 


16. The factor’s usual commission is 10 s. per cent, and he is generally 
allowed 10 s. per cent, more for del credere or guaranty of the buyers; 
but, whether this is done or not, it is a charge the importer should reckon, 
if he runs the risque of bad debts himself. 

17. The undertaker’s bill for delivery is sometimes charged in factor’s 
accounts; but it is, where the ship is not freighted, as the ship must load 
and trim her cargo at Shields, as well as deliver it at London, to entitle 
her to freight. 

Dock-dues are determined to fall upon the ship’s freight. They are 
charged by act of 39 Geo. III. cap. 69, called West-India-Dock-Act; 
and a similar charge may be made under the 39 & 40 Geo. III. cap. 47, 
called London-Dock-Act; for both which see abstracts-under those heads 
in this work. The money raised under this head of dock-dues, does not 
go to building or keeping up the docks, but the giving compensations to' 
the legal sufferance wharfs, the lightermen, carmen, porters, &c. who 
may be injured by the new system of docks; and more particularly to the 
purchasing of all the chains and moorings on the river, which are after- 
tvards to be used gratis. — It is on this last ground determined to fall on 
the ship in coal voyages. 

Ballast is a charge on the ship also. 

18. London charges, when coals sell at 37 s. 6 d. will amount to 
31s. 7 d. per London chaldron : they vary a little, as the coals sell higher 
or lower. (See note 20 following.) 

19. The balance is the fund whence the freight and importer's 
profit must be paid. Where the ship-owner is importer of the cargo, he 
usually calls it all freight; but some consideration should be reckoned for 
employment of capital, trouble, and risque. It is clear, a freighter, 
without loss, could not allow more than 9s. 1 f d. freight on this cargo. 

20 . This ship is taken as an example, as being the medium size of 
ships using the London market, viz. ten and twenty keels. Last year 
the number of cargoes was 4515, and the importation 902,284 chal¬ 
drons, which does not give quite 200 chaldrons each ship; the price is not 
so low as those coals were at one time of the year sold; and the delivery 
is estimated at eight Newcastle chaldrons: these will be found the ave¬ 
rage of the whole trade. 

The coals are cast up by an old established custom (recognized by act 
of parliament, and there called ingrain) of giving twenty-one chaldrons 
of coals, and being paid for twenty only, the buyers repaying the 8 d. 
per chaldron for metage. (See note 10 .) 

The present cargo is cast up as follows: and, similar to which, any 
parcel of coals may be cast up, only with the difference of price and 
quantity: — 


l s. d .; 

21 Ch. of coals, (paid for 
as 20only,) at 37s. 6 d. 
per ch. — — •— 37 10 0 
Metage on do 8 d. per ch. 0 14 0 


21 Chaldrons 38 4 0 

10 0 10 0 


Cha. 

210 — —» 
10 | (| of 21) 
7 (-j- of 2 1 ) 
31 (1 of 7) 

1 (y of 7) 

I (1 of 1 ) 

232f Cha* 


/. s. d. 
—382 0 0 
— 1 $ 2 0 

— 12 14 8 

— 6 7 4 

— 1 16 4f 

— 0 li 2j 


422 18 6% 


210 


382 0 0 









THE SHIP-MASTERS ACCOUNTANT. 


19 


As the price rises, the discount paid, and the ingrain allowed the 
buyer, as also the factor's commission, rises, so that the freight is reduced 
in an inverse ratio, as will be seen by the following table: — 


26s.Best Coals, 
delivering 15! 
Ch. per keel, at 
London sold at 

Amount of. 
Prime Cost, 

Duties, &c. 
Amount to 

Net at Lon¬ 
don, allow¬ 
ing for the 
Ingrain 

Leaving for 
Freight and 
Importer's 
Profit only 

-'V* 

£ s. 

d. 

£ 

s. 

d. 

£ 

s. 

d. 

£ 

s 

d. 

£ 

s. 

d. 

0 37 

6 

0, 

15 

7! 

0 

11 

7 

l 

16 

4f 

0 

9 

i! 

0 40 

0 

0 

15 

7! 

0 

11 

7! 

1 

18 

9 f 

0 

11 

5! 

0 42 

6 

0 

15 

H 

0 

11 

8! 

2 

1 

4 

6 

13 

9! 

0 45 

0 

0 

15 

n 

0 

11 

8! 

2 

3 

6 f- 

0 

16 

i! 

0 47 

6 

0 

15 

n 

0 

11 

9S 

2 

5 

lof 

0 

18 

3! 

a 50 

0 

0 

15 

n 

0 

11 

10 

2 

8 


1 

0 

9! 

0 52 

6 

0 

15 

n 

0 

11 

io| 

2 

10 

8 

1 

3 

i! 

0 55 

0 

0 

15 

n 

0 

11 

ii! 

2 

13 

of 

1 

5 

5f 

0 57 

6 

0 

15 

7! 

0 

12 

0 

2 

15 

5-f 

1 

7 

n 

0 60 

0 

0 

15 

7! 

' 0 

12 

o! 

2 

17 

H 

1 

JO 

l 


So that coals sold at 60s. per chaldron, leave for freight — 

1 

10 

1 

Ditto 

37 s. 6d. ditto —» — 

0 

9 

H 



1 

0 

ii! 


Whereas the difference in price is — 

1 

2 

6 


Loss of — 

0 

1 

6 ! 


To be accounted for from ingrain, discount, and commission. 

The following is the annual importation of coals into London during 


nine years war, — 

1793 — 

1794 — 

1795 t 

1796 — 

1797 — 

1798 —■ 

1799 — 

1800 — 
1801 — 


800,5101 cha, 
788,744* 
887,759 
819,339* 
864,497! 
786,200! 
862,088-1 
1,005,325! 
859,738 


Average of the whole 

The following is the average importation of 
said nine years, — 

March — —- — — — — 

May — — — — — — 

Tune — — — — — •— 

July — 

August — — *— — — — 

September — — — — ■— 

October — — — — — — 

November • — — ■— — — 

pecember — — — — —• 

C 2 


— 852,692! per ann. 
each month, during the 

— 53,456! cha. 

— 59,062! 

— 72,279 

— 76,572! 

— 79,550! 

— 77,653 

— 74,473! 

76,485! 

— 65,321! 

— 76,996! 

— 74,007! 

— 66, 833! 

A LETTER 


























20 


THE SHIPMASTER'S ACCOUNTANT. 


V . f * 

A LETTER OF CREDIT. 

LETTERS of Credit are granted, by merchants or others, in favour 
of persons travelling into foreign countries. They are commonly open, 
or unsealed, and contain an order from the writer or granter to his factor 
or correspondent to furnish such a man, the bearer, with a Certain sum, 
at one or several times, and to place it to the account of him who grants 
the letter. It is ordinary and necessary for the granter of a letter of 
credit to give his correspondent a letter of advice, by post or otherwise, 
in which he describes the person, to be honoured with credit, from his 
stature, complexion, garb, or any mark on his body, or by some token, 
as he who can tell such a story, &c. The design of which is to prevent 
fraud; for, the bearer of the letter may lose it, or he may Be robbed, and 
it taken from him, and so the finder or rogue go and present it. Letters 
of credit may be of various forms, and yet valid. We shall only give 
one specimen, as follow’s: 

Mr. A< B. 


Sir, 

THE design of this is, to desire you to furnish and pay to the hearer 
hereof Mr. T. R. to the value of four hundred crozvns, at one or more 
times, as he shall have occasion, and as he shall require the same of you ; 
for which take his receipt or bill of exchange on me: and this my letter of 
credit, with mine of advice by the post, will be your sufficient warrant. 

To Mr. A. B. Mer - 1 am, Sir, your humble servant, 

chant, in Paris. C. D. 

Note. Some letters of credit are called general, as being’ directed to 
all merchants or others to whom the bearer shall come; but such letter 
can be given only by persons or companies of very public credit. 

A conditional Bill of Credit. 

Whereas R. S. of merchant, hath undertaken to pay, for 

me, A. B. of London, merchant, or for my use, unto G. II. of Rotterdam, 
the sum of Jive hundred pounds, lawful British money, on 
next; now these presents witness. That I, the said A. B. do hereby, for 
myself my executors, and administrators, promise and agree, to and with the 
said R. S. that, on producing an acquittance, under the hand of the said 
G. H. for the said Jive hundred pounds, or any other writing showing the 
certainty of the payment-money, and on delivery thereof to me, then I, 
■my executors, or administrators, shall and will, immediately upon the receipt 
of the same, pay, or cause to be paid, unto the said R. S. his executors or 
assigns, the sum of five hundred and five pounds, lawful money of Great - 
Britain; the said five pounds as a gratification for his trouble in this affair. 
And, for the sure payment thereof, 1 do 'hereby bind myself, my executors , 
and administrators, by these presents. In witness whereof, &c. 


CHAPTER 


INSTRUCTIONS FOR THE OFFICERS, 4 *. 


21 


CHAPTER II. 


CONTAINING INSTRUCTIONS FOR THE GUIDANCE OF ALL THE QF« 
FICERS' ON-BOARD ANY OF HIS MAJESTY'S SHIPPS j AND TABLES 
GENERALLY USEFUL IN MARITIME AFFAIRS. 

Of the Number of Men, or Servants , allowed to Officers. 

W HEN the lord-high-admiral goes to sea in person, there is allowed 
him such a number of men, or servants, above the complement 
of the ship, as he thinks proper, in regard to the dignity of his office. 

Men. 

The admiral and commander in chief of the fleet — 50 

Admirals - - - —- 30 

Vice-Admirals - - - -- 20 

Rear-Admirals -r- - -- - 15 

Out of which number there may be borne on the ship's books, as ser¬ 
vants, viz. Servants. 

To the admiral of the fleet - 12 to be rated able. 

To admirals - - - 10 ditto. 

To vice-admirals ——— - 7 ditto. 

To rear-admirals and commodores 5 ditto. 

There was formerly allowed to the captain of every ship four servants 
in every hundred men of the complement. To a lieutenant, master, 
2d master, purser, surgeon, chaplain, and cook, in all ships down to 60 men 
inclusive, each one servant. And to the boatswain, gunner, and car¬ 
penter, in all ships down to 100 men inclusive, each two servants; and 
from that to 60 men, one servant. 

The allowances of men or servants to flag-officers are to be reckoned 
over and above the complement of the ship; but the servants of captains 
and all other officers were included in it. 

The King was pleased , bv his order in council dated the 16th of April, 
1794, to direct that, in lieu of servants, a compensation should be made 
to the captains, lieutenants, and vvarrant-oflicers, of his Majesty's ships, 
equal to the net wages of the number of servants to which they were 
respectively entitled, at the rate of £\ 1 : 6 : 2 per annum for each 
servant; and that no boys should be alloived to be borne on the books of 
his Majesty's ships in future, under the denomination of servants to the 
captains, lieutenants, or warrant-officers; but, instead thereof, a certain 
number (equal, as near as may be, to three fourths of what were then 
allowed as servants) to be borne, on separate lists, after the ship's com¬ 
pany, in classes of the,following descriptions, viz. 

1st Class. — To consist of young gentlemen intended for the sea-service, 
(whether the sons of sea-olHcers or not,) provided they are not under 
eleven years of age; to be stiled volunteers, and allowed wages at the 
rate of six pounds per annum.. 

2d Class. — To consist of boys between fifteen and seventeen years of 
age, to be divided into watches with the seamen, in order to make them 
such; at five pounds per annum. 

Class. — To consist of boys between thirteen and fifteen years of 
ggc, of whom the lieutenants, and other officers who were allowed ser- 

C 3 vants. 

















INSTRUCTIONS FOR THE OFFICERS 


£2 

vants, might be permitted to recommend to the captains, each of them 
one, to be the attendants on such officers; at four pounds per annum. 

Lieutenants commanding armed cutters, &c. registered, are allowed 
two servants each ; but of those not registered, only one servant. 

Of Table-Money. 

The admiral and commander-in-chief of the fleet is allowed twenty 
shillings a day for his table, both in home and foreign voyages. 

Admirals and vice-admirals are allowed the same table-money when . 
they command in chief. 

The allowance of table-money to the admiral and comrpander-in-chief 
of the fleet begins and ends with the sea-pay; and toothers, from the 
date of their commission or orders to command in chief to the day of the 
expiration of that command. 

Of Rank and Command. 

The established number of flag-officers in the navy is as follows, viz. 
one admiral and commander-in-chief of the fleet, one admiral of the 
white, and one admiral of the blue; one vice-admiral of the red, one of 
the white, and one of the blue ; one rear-admiral of the red, one of the 
white, and one of the blue. And no brevet commissions are allowed. 

Admirals, vice and rear admirals, captains, and lieutenants, are to 
rank in their respective classes according to the seniority of their com¬ 
missions. 

When there is a sufficient number of flag-officers together, all councils 
of war are to be held by them only. The first captain to the admiral of 
the fleet is on such occasions to be esteemed as a rear-admiral, and take 
place at all councils of war, and also at courts-martial, next to the junior 
rear-admiral. 

But, if the number of flag-officers be less than three, the commander- 
in-chief shall call to councils of war such of the senior captains as he 
shall in his discretion think necessary, of whom his own captain is to 
be one. 

None are to take the rank of captains who have not commanded a 
frigate of 20 guns, or more. 

Commanders of fire-ships, sloops, yachts, bombwessels, hospitals, 
store-ships, and other vessels, though they may have commanded ships of 
post before, are to be commanded by junior captains in ships of post, 
while they keep company together, either in port or at sea, but without 
prejudice to their seniority afterwards. 

When any flag-officer or captain shall meet, at sea or in foreign parts, 
with a superior or senior officer, he is to show him the orders he is under¬ 
and, if such officer shall take upon him to give him other orders for his 
Majesty’s service, he must obey them. 

No.superior or senior officers may detain a junior, or give him any 
delay, or divert him from pursuing his instructions, unless it should be 
absolutely necessary for his Majesty’s service; and, in such case," he 
should send, by the first opportunity, a copy of the orders he has given 
him, with his reasons for so doing, to the secretary of the admiralty. 

In the absence of the captain off any of his Majesty’s ships, the eldest 
lieutenant shall have the charge of the ship, and be answerable for the 
cluty of the captain. If there be mo lieutenant, the master shall com¬ 
mand ; after him, the second master; but if, by loss in battle or other 
Occident, all these officers^ha 11 be wanting, the command shall devolve, 
in succession, upon the bp^tswain, gunner, and carpenter. 


The 


IN THE ROYAL NAVY. 


23 


The admiral and commander-in-chief of his Majesty's fleet has the rank 
of a field-marshal in the army. 

Admirals rank as generals' of horse and foot. 

Vice-admirals rank as lieutenant-generals. 

Rear-admirals rank as major-generals. 

Commodores w v ith broad pendants, and first captain to commander-in¬ 
chief, rank as brigadier-generals. 

Captains commanding post-ships, after three years from the date of 
their first commission for a post-ship, rank as colonels. 

All other captains commanding post-ships rank as lieutenant-colonels. 

Captains, not taking post, rank as majors only while they have com¬ 
mand. 

Lieutenants rank as captains in the army. 

Of the Flag-Officer. 

The flag-officer or commander-in-chief is to inform the secretary of the 
admiralty of all his proceedings which relate to the service, for the infor¬ 
mation of the lord-high-admiral, or lords-commissipn6rs of the admiralty. 

He is likewise to correspond with the several public offices, about such 
matters as relate to them, and to send an account to them, as well as to 
the admiralty, of all directions given by him which concern the said 
offices. 

He is never to give orders to any captain to bear supernumeraries, 
unless there be good cause for it, which is to be expressed in the body of 
the order; and he is to inform the secretary of the admiralty when he 
gives such orders, and of his reasons for so doing. 

When he is at sea, he is frequently to exercise tlic ships under his com¬ 
mand, and draw them into lines of battle, when the weather is fair, and 
the same can be done without interruption to the voyage. 

He is to visit the ships of his squadron or division, ancl view the men 
on board, and see them mustered, as often as he shall think necessary. 

When he is in foreign parts, where naval or other officers are esta¬ 
blished, he is to conform himself, as much as possible, to the standing 
rules of the navy, in such directions as he shall have occasion to give 
them ; and never to. put them upon any extraordinary expenses, unless 
the service should absolutely require the same. 

He is never to interest himself in the purchase of any stores or provi¬ 
sions in foreign parts, where there are proper officers appointed for that 
service ; except there shall be an absolute necessity to make use of his 
credit or authority to procure such provisions or store's as are wanted; 
but, in that case, he shall not be so concerned as. to have any private 
interest in the same., 


Of Courts-Martial. 

All courts-martial are to be held, offences tried, sentences pronounced, 
and executions of such sentences done, according to the articles and 
orders contained in an act of parliament, made in the thirteenth year of 
the reign of K. Charles II. entitled, “ An act for the establishing articles 
and orders for the regulating and better government of his Majesty's 
navy, ships of war, and forces by sea." 

All general powers for holding courts-martial are in force only during 
the.expedition. 

The said court to be assembled in the forenoon, and in the most public 
j?Ia£9 of the ship, where all who will may be present; ami the captains 

C 4 of 


24- 


INSTRUCTIONS FOR THE OFFICERS 


of all his Majesty’s ships in company (which take post) have a right to 
assist there. 

All complaints are to be made in writing to the commander-in-chief, 
(unless where he shall see cause of himself to assemble the same,) in 
which are to be set forth the facts, time, place, and the manner how 
they were committed. And if any captain (entitled by his rank to sit 
in the court) be personally concerned in the matter to be tried, he is not 
admitted to sit at the said trial. 

The judge-advocate is to examine witnesses upon oath, and, by order 
of the commander-in-chief, to send an attested copy of the charge to the 
party accused. 

Every matter in this court is to be determined by a majority of voices; 
the youngest member to vote first, and so proceed up to the president* 

Of Ceremony and Respect. 

All flag-officers are to be received on-board his Majesty’s ships with a 
^guard under awns and beat of drum, according tb the following method. 
Viz. V a 

For the admiral, or flag-officer, commanding-in-chief, a march. For 
an admiral, three ruffles. For a vice-admiral, two. For a rear-admiral, 
one. 

When any of the foregoing officers pass by any of his Majesty’s ships 
with their flags at the head of their boat, the ship is to be manned with 
the watch, and the drums to beat as in the second article. 

The first captain to the admiral and commander-in -chief of the fleet or 
squadron is to be received on-board by a guard, without beat of drum. 

Of Colours . 

Flag-officers and captains are forbidden to wear any other flag or pen¬ 
dant but what belongs to their proper rank, except when his Majesty or 
any of the royal family are on-board. 

If any officer, wearing a flag or broad pendant, be slain in battle, the 
flag or pendant shall not be taken in whilst the enemy is in sight; but 
notice shall be immediately given to the admiral who commands in chief, 
and also to the flag-officer of the squadron he belonged to; arid, when 
the next commanding-officer repairs on-board, he shall leave his own flag 
or broad pendant flying in his own ship. 

The admiral of the fleet, admiral of the white and blue, and vice-ad¬ 
miral of the red, may carry their proper flags at the head of their boats; 
but there must be a white ball in the flag of the rear-admiral of the red, 
a blue ball for the vice-admiral of the white, and two blue balls for the 
rear of the white; a white ball for the vice of the blue, and two white 
balls for- the rear of the blue: the said balls to be in a canton, at the 
upper, corner of the flag next the staff. 

Merchant ships are to wear a red ensign, agreeably to the annexed 
figure, and no other. This is in obedience to royal proclamation on the 
union of the kingdoms of Great Britain and Ireland,, 1 st January, 1801, 


IN THE ROYAL NAVY. 


25 



Re 
Mura 

TTil’e 


imtc 

.Red 

'IrJllie 


RED 


worn by merchant-shi£s, a red jack, with a union jack described in a 
canton at the upper corner thereof, next the staff. 

Ships in the service of any public office are to wear the same ensign 
and jack as privateers, with this addition, that, in the body of the jack 
or ensign shall be described the seal of the office they belong to. 

Merchant-ships, or ships employed in the service of any public office, 
or fn raising seamen, are not to wear pendants, or any thing that may 
be taken lof them: and if any ship shall wear flags, pendants, or co¬ 
lours, they have not a right to, the commander of such ship is liable to 
be prosecuted in the high court of admiralty, and the flags, &c. 
worn, may be seized. 

All foreign ships riding in any of his Majesty’s ports or roads with, 
false colours are to be admonished ; and, if they persist therein, are 
liable to be put under an arrest, 


O f the Appointment of Officers in foreign Parts, 

Commanders-in-chief, havmg power to appoint officers in ships 
under their command, are not to execute that power while wifhin the 
channel. 

None are to be preferred to lieutenants but such as have passed their 
examination; which, if not already done at the navy-office, the com¬ 
mander-in-chief may authorise any three of his principal commanders 
to examine them ; and, if they have served six years at sea, twp of the 
said six rated as midshipmen or mates, produce regular journals, good 
certificates, and are not under 20 years of age, they may be preferred. 

Second masters are to be provided for, first, according to their se¬ 
niority and qualification, before any new one is made; and commanders- 
in-chief may appoint such of their officers as are members of the Trinity- 
house, or, if none, each of their commanders or masters, as they think 
proper, to examine masters or mates, and, according to their certificates, 
may promote them to any vacancies, in the voyage; but, at their return 
hom£, they are to be re-examined before the corporation of Trinity- 
house. . 

Surgeons and their mates must be examined by some of the principal 
surgeons of the fleet or squadron, if they have not already passed their 

examination 





















£6 


INSTRUCTIONS FOR THE OFFICERS 


examination at Surgeons’-hall; and must be preferred to such ships only 
as they are qualified for by their certificate : if a physician is in the fleet, 
he shall preside at their examination; but, on their return home, they 
must bs re-examined before the governors of the surgeons* company. 

Of Salutes. 

When a flag-officer salutes the admiral and commander-in-chief of 
the fleet, he is to give him fifteen guns; but, when captains salute him, 
they are to give him seventeen guns. 

The admiral and commander-in-chief of the fleet is to return two 
guns less to flag-officers, and four less to captains. 

Flag-officers, saluting their superior or senior officers, are to give 
them thirteen guns. * 

Flag-officers are to return an equal • number of guns to flag-officers, 
bearing their flags on the same masts, and two guns less to the rest, as 
also, to captains. 

When a captain salutes an admiral of the white or blue, he is to give 
:him'fifteen gunft; but to. vice and'tear admirals, thirteen guns. 

When a flag-officer is saluted by two or more of his Majesty’s ships, 
he is not to return the salute until all have finished, and then to do it 
with such a reasonable number of guns as he shall judge proper. 

In case of the meeting of two squadrons, tfie two chiefs only are to 
exchange salutes. And if single ships meet a squadron consisting of 
more th'an one flag, only the principal flag is to be saluted. 

No salutes are to be repeated by the same ships,*unless there has 
been a separation of six months at least. 

Captains are not to salute one another. A flag-officer commanding in 
chief, upon the first hoisting his flag, is to be saluted by all the ships 
present with such a number of guns as are prescribed in the above re¬ 
gulations. 

Foreigners meeting with pny of his Majesty’s ships within his ma¬ 
jesty’s seas, as far as Cape Finisterre, are expected to take in their flag 
and strike their topsail; but, on refusal, are to be compelled to it, and 
not be suffered to do any dishonour to his Majesty. 

His Majesty’s subjects are also to strike their topsails in passing by any 
of his Majesty’s ships; and, on omission, the master of such ship is 
liable to be proceeded against in the high court of admiralty. 

His Majesty’s ships are not to strike to any; and that, in other parts, 
no ship of his Majesty is to strike her flag or topsail to any foreigner, 
unless such foreign ship shall have first struck, or at the same lime strike, 
her flag or topsail to his Majesty’s ship. 

Upon all occasions, flag-officers and commanders of his Majesty’s 
ships are to maintain his Majesty’s honour, give protection to his sub¬ 
jects, encourage tfiem in their lawful commerce, and not to injure his 
friends and allies. 

A foreign admiral shall receive gun for gun ; if he be a vice-admiral, 
the admiral is to return two less; if a rear-admiral, the admiral and vice- 
admiral shall return two less.. If the ship be commanded by a captain 
only, the flag-officers shall return two less, and captains an equal 
number. 

Any of his Majesty’s ships coming to an anchor in a foreign port or 
road, within cannon-shot of its forts, the captain may salute the place 
with such a number of guns as hath been customary, on good assurance 
of having the like number returned, but no! otherwise. 

* ' * Eut* 


IN THE ROYAL NAVY. 


2? 


But, if the ship bears a flag, the flag-officer is first carefully to inform 
himself how flags of like rank, belonging to the other crowned heads, 
have given or returned salutes, and then to insist upon the same respect. 

Admirals, commanders-in-chief, or captains of ships of war, of foreign 
nations foreign noblemen, and strangers of quality, also the factories of 
the King’s subjects, coming on-board to visit the ship, may be saluted, 
by the commanders of his Majesty’s ships, with a number of guns at 
discretion, suitable to the occasion and quality of the visiting persons; 
but such commander is nevertheless accountable for any excesses in the 
abuse of this liberty; and if any commander or senior captain be 
present, his leave and consent must be had. 

Merchant-ships, whether foreigners or subjects, saluting the admiral 
of the fleet, are to be answered by six guns less; from other flag-ships 
by four less, and from captains by two less. 

If several merchant-ships salute in company, no return is to be made 
until all have finished, and then by such a number of guns as shall be¬ 
thought proper j but, though the merchant-ship should answer, no - 
second return is to be made. 

Dukes or ambassadors, at coming on-board, and also at their de* 
parture, are to be saluted with fifteen guns; other public ministers or 
persons of quality, with eleven or less, according to the degree of their 
quality. But nothing is here to be understood to restrain commanders 
in their respect to any of the royal family, who are always to be saluted 
at tiie discretion of the commander-in-chief. 

The anniversary days of the birth, accession, and coronation, of the 
King, the birth of the Queen, restoration of King Charles the Second, 
anil Gunpowder-treason, are to be solemnized by his Majesty’s ships, if 
they are in port, with such a number of guns as the chief officer shall 
think proper, not exceeding twenty-one each ship. 

His Majesty’s ships of war are not to salute his Majesty’s forts or 
castles in Great Britain or Ireland. 

When a flag-officer or commander-in-chief dies at sea or in a road, 
at the putting of the corpse into the sea or carrying it on shore, the 
commanding-officer shall cause such a number of guns to be fired, 
funeral-wise, from the ships in company, as he shall think proper, and 
the flag to be struck half mast. 

At the funeral of a captain dying at sea or in a road, the commander- 
in-chief shall appoint such a number of guns as he shall think fi£, not 
exceeding twenty, to be fired from the ship he' commanded, and the 
pendant to be lowered down. If the ship be alone, the next surviving 
officer is to cause the same to be done. 

At the funeral of a lieutenant, dying as before, there shall be fired, 
from the ship he belonged to, three voilies of small arms, by the direc¬ 
tion of the commander-in-chief or of the captain, if the ship be alone. 

No merchant-ship is to fire guns'in any road or port after the watch is 
set, if any of his Majesty’s ships be there. 

All salutes are to be made with guns of the upper deck. 

Of the Captain and Commander . 

When a captain or commander receives a commission to command 
one of his Majesty ships, he is immediately to repair on-board, and visit 
her throughout. 

To give his constant attendance on-board, and quicken the dispatch 
of the work; and *$nd to the admiralty and navy offices weekly ac- 
’ * ' counts. 


28 


INSTRUCTIONS FOR THE OFFICERS 


counts, or oftcner, if necessary, of the condition and circumstances she 
is in, and the progress made in fitting her out. 

Not to lie out of the ship, unless by leave of the admiralty or com¬ 
mander-in-chief. 

When he cannot personally apply to the commissioners of the navy, 
he is to do it in writing. 

He is to apply to the navy-board for an account of the qualities of 
the ship, but, if a new ship, to advise with the master shipwright who 
built her. • 

To take inventories of all the stores committed to the charge of his 
officers respectively, and to require from his boatswain, gunner, car¬ 
penter, and purser, counterparts of their respective indents 1 . 

To cause his clerk to be present, and to take an account of all the 
stores and provisions that come on-board, and when; which account 
he is to compare with the indents, in order to prevent any fraud or 
neglect. 

To keep counter-books of the expense of the ship’s stores and provi¬ 
sions, whereby to know the state and condition ot the same; and to 
audit the accounts of the officers entrusted therewith once a week, in 
order to be a check upon them. 

To use his best endeavours to get the ship manned, and not to enter 
any but men of able bodies, and fit for service: he is to keep the esta¬ 
blished number of men complete, and not to exceed his complement. 

He is to cause all new-raised men, and others, who are not good sea¬ 
men, daily to lash up their hammocks, and carry them to the proper 
places for barricading the ship, whenever the weather will permit; and 
also to have them practised in going frequently every day up and down 
the shrouds, and employed on all kinds of work, which are to be created . 
on purpose for them, both to keep them in action and to teach them the 
duty of seamen. 

To keep a regular muster-book, setting down therein the names of 
all persons entered to serve on-board, with all circumstances relating to 
them. 

To be present at all musters, and to make the same remarks on his 
own book against the men’s names as the clerk of the check or muster- 
master do. 

To demand from the clerk of the check, at the port where the ship is,, 
before she departs from his district, a perfect muster-book. 

Himself to mu-ter the ship’s company at least once a week in port 
or at sea, where there is no clerk of the check, and to be very exact in 
this duty ; and if any person shall absent himself from his duty, without 
leave, tor three successive musters, he is to be marked as a run-ayvay 
pn the ship’s books. * 

To send every two months two muster-books complete to the navy- 
office, signed by himself and the officers who sign tickets. 

To make a list of such seamen as arc run, inserting the same at the 
end of the muster-books, and to distinguish the time, manner, and by 
what opportunity, they made their escape. 

If the said desertion happens in any port of this kingdom, and as 
often as it happens, he is to send up to the secretary of the admiralty 
their names, description, place ot abode, and ail the circumstances of 
their escape. 

1 o avoid giving opportunities for desertion, he is never to send or 
employ any men on shore (it i* can possibly be avoided) or send any in 

nietehan^. 


IN THE ROYAL NAVY. 


20 


merchant-ships in lieu of prest men, or to give leave of absence to any, 
unless they be trust worthy. 

He is to make out tickets for all such seamen as shall be discharged 
from his books, which are to be signed by himself, the master, boat¬ 
swain, and purser; and the gunners and carpenters are to sign for their 
respective crews. 

He is to deliver the ticket to none but the party; and, if he be dead 
or absent, he is to send the ticket forthwith to the navy office. 

It the ship be in Great Britain or Ireland, he is every month to send 
to the admiralty-office a list of all men discharged in the preceding 
month, with the reasons thereof; and, whenever the ship puts into 
any port of Great Britain or Ireland from a cruise, he is to send a like 
account of men discharged betw'ecn the time the last account ended 
and the time of so putting into port. With, this account of rfien dis¬ 
charged, he is likewise to send a list of such as have deserted within 
the same period; and also a third account, containing the names and 
qualities of all the men who have died within the same period; and, if 
he has supernumeraries on-board, he is to distinguish them. Nor is he 
to discharge any man but for one of the following reasons, viz. death, 
preferment in some other of his Majesty’s ships, unfitness for service, 
officers’ servants rated, or by admiralty order, or commander-in-chief; 
and to express the cause upon the ticket. But, when a press is on foot, 
he is not to discharge any man, on any account whatever, without an 
order from the admiralty or a flag-officer. 

He is not to suffer the ship’s stores to be misapplied or wasted, and if 
such loss happens by the negligence or wilfulness of any of the ship’s 
company, he is to charge the value thereof against the wages of the 
offender on the muster and pay books. 

He shall make no alteration in any part of the ship. 

He is to keep centinels constantly posted at the scuttle leading into 
all the store-rooms, and no person is to pass down but by leave from the 
captain or commanding-officer of the watch, which leave must be sig¬ 
nified to the centinel from the quarter-deck. 

He is not to spare any provisions or stores to any of his Majesty’s 
ships, but where the necessity is evident, and by the direction of his 
commanding-officer, jand is also to give his oflicers a warrant in waiting 
for it. 

He is to observe seasonable times in setting up his shrouds and other 
rigging, especially when they are new and apt to stretch ; and also to 
favour his masts as much as possible. ‘ 

Before the rigging and other stores are cast up, he is first to order a 
survey thereof to be taken. 

He is to cause such stores as require it to be frequently Surveyed and 
aired, and their defects repaired; and the store-rooms to be kept airy 
and in good condition, and secured against, rats. - 

He is not to make use of the ship’s sails for covering boats or for 
awnings. 

The decks or gratings are not to be scraped oftener than is neces¬ 
sary, but are to be washed and swabbed once a day, and air let into the 
hold as often as may be. 

He is to permit every officer to possess his' proper cabin, and not to 
make any variation therein. 

No person is to lie upon the orlop but by leave from the captain, nor 
to gc amongst the cables with candles bufwhen service requires it. 

Such 


30 INSTRUCTIONS FOR THE OFFICERS 

Such as smoke tobacco are to take it in the forecastle, and in no other 
place. 

Care is to be taken every night, on setting the watch, that all fire and 
candles be extinguished in the cook-room, hold, steward-room, cock¬ 
pit, and every where between decks; nor are candles to be used in any 
other part of the ship but in lanterns, and that also not without the 
captain’s leave. 

He is not to suffer any person to suttle or sell any sorts of liquors to 
the ship’s company, nor any debts for the same to be inserted in the slop- 
book, on any pretence whatsoever. 

Before the ship proceeds to sea, he is, without partiality or favour, to 
examine and rate the ship’s company, according to their abilities, and to 
take care that every person in the ship, without distinction, do actually 
perform the duty for which he is rated. - 

Before the ship sails, he is to make a regulation for quartering the 
officers and men, distributing them to the great guns, small arms, rig¬ 
ging,' &c. and a list of such order and distribution is to be fixed up in 
the most public place of the ship. He is also frequently to exercise the 
ship’s company in the use of the great guns and small arms; and to set 
down in his joftrnal the times he exercises them. 

If any officers are absent from their duty when the ship is under sail¬ 
ing-orders, he is to send their names to the secretary of the' admiralty, 
with the cause of their absence. 

He is to take care of his boats, and secure them before blowing 
weather; also the colours are not to be kept abroad in windy weather, 
but due care taken of them. 

He is not to carry any woman to sea, nor to entertain any foreigners 
to serve in the ship, who are officers or gentlemen, without orders from 
the admiralty. 

When he is to sail from port to port in time of war, or appearance 
thereof, he is to give notice to merchant-men bound his way, and take 
them under his care, if they are ready; but not to make unnecessary 
stay or deviate from his orders on that account. 

He is to keep a regular journal according to form prescribed, and, at 
the end of every six months, he is to send a copy of the same to the 
secretary of the admiralty ; and, at the expiration of the voyage, to give 
in a general copy to the admiralty and navy offices. 

He is, by all opportunities, to send an account of his proceedings to 
the secretary of the admiralty, with the condition of the ship, men, &c.; 
he is likewise to keep a punctual correspondence with every of the 
public offices, in whatsoever respectively concerns them. 

He is not to go into any port but such as are directed by his orders, 
unless necessitously obliged, and then not to make any unnecessary stay. 
If employed in cruising, he is to keep the sea the time required by his 
orders, or give reasons for acting to the contrary. 

Upon all occasions of anchoring, he is to take great care in the 
choice of a good birth, and examine the quality of the ground for an¬ 
choring, where he is a stranger, sounding at least three cables lengths 
round the ship. 

tie is not to obstruct custom-house officers in coming on-board, or in 
any part of their duty; they are also to be victualled as the ship’s com¬ 
pany, if necessity requires it. 

He is to demand all -seamen (his Majesty’s subjects) from on-board 
any foreign ship he may meet with, obliging the master to pay them, 
their wages to that day. 

In 


IN THE ROYAL NAVY. 


3? 


In foreign parts he is to use the utmost good husbandry in careening 
the ship, and not to do it but under an absolute necessity; nor to hire 
master-shipwrights to supervise the work, when it is to be done by the 
carpenter. 

None are to be employed in careening and refitting the ship but the 
ship's company, unless sickness or death hath rendered it necessary to 
hire others; and, for the encouragement of his own men, whether on 
board their own or any other of his Majesty's ships, they are entitled to 
an extraordinary allowance per day; and, to prevent any abuse herein, 
each ship has the number of operative men limited, as follows: 


Sterling. 

<£. s. d. 
0 1 6 


0 3 0 


Barbadoes, 
Antigua, and 
other parts of 
the West Ind. 

Sterling. 

<£. So d. 

0 10 


0 2 6 


All other 

foreign 

parts. 


Sterling. 
£. s. d . 

0 1 o 


0 1 6 


East-Indies, 

Jamaica, and 
coast of Afri¬ 
ca. 

To master-carpenters, carpen--. 
ters’ mates, shipwrights, and I 
caulkers, for working on¬ 
board the ship they belong 
to, in caulking and fitting her 
for careen, and careening 
and graving, or tallowing her, 
per day J 

For working on board any other 7 
'of his> Majesty's ships 3 

And there shall be no more allowed for caulking a ship, fitting her for 
the careen, graving or tallowing her, or other necessary works, for each 
careening or cleaning, than what amounts to the labour of the following 
number of men for one day, viz. 

For a first rate, - 570 men for one day. 

Second ditto,- 500 ditto. 

, Third ditto, of 80 guns, — 440 ditto. 

Ditto, of 70 guns, —308 ditto. 

Fourth rate, of 60 guns, — 252 ditto. 

Ditto, of 50 guns, — 200 ditto. 

Fifth rate, of 40 guns, — 160 ditto. 

Ditto, of 30 guns, — 140 ditto. 

Sixth rate, of 20 guns, — 90 ditto. 

Sloops, -- 32 ditto. 

If he is obliged to take up money abroad, for the use of the ship, he 
is to negociate it at the best exchange. 

7 He is to advise the proper officer of what bills he draws, with the 
reasons thereof, and with the said bills send duplicates of his accounts, 
and vouchers for his disbursements, and ail payments witnessed by four 


officers. 

Fie is to take care that all stores bought abroad be delivered to the 
proper officers, ancf to take their receipts for the same. 

Upon the death of any officer, he is to take care that an inventory be 
taken of all his goods and papers, and that the same be sealed up, and 
reserved for the use of such as shall have a legal right to demand them. 

When any officer who h^s the custody of stores or provisions shall 
die, be removed, or suspended, he is to cause an exact survey and in¬ 
ventory to be taken forthwith of the remains of such stores, which is to 
be signed by the successor, who is to keep a duplicate thereof, and 
also, by the surveying officers. 

Upon 









32 


INSTRUCTIONS FOR THE OFFICERS 


Upon his own removal into another ship, he is to show the originals 
of all such orders as have been sent to him, and remain unexecuted, to 
his successor, and leave with him attested copies of the same. 

Fie is to leave with his successor a complete muster-book, and send 
up all the other books and accounts under his charge to the officers they 
respectively relate to. 

When a captain is removed by commission from one ship to another, 
he is allowed to carry along with him the following number of men, in¬ 
cluding his servants, viz. from the first rate, eighty; a second rate, 
sixty-five; a third rate, fifty ; a fourth rate, forty ; a fifth rate, twenty ; 
and a sixth rate, ten. But, when a press is on toot, he is'not to remove 
any men whatever, his own servants excepted, without an order from 
lire admiralty or commander-in-chief. 

In case of shipwreck or other disaster, whereby the ship may perish, 
the officers and men are to stay with the remains as long as possible, and 
save all they can, and, for their encouragement, they shall continue in 
pay during their attendance on that service ; and, if the provisions of the 
ship be lost, the captain is to subsist them, and draw bills on the vic¬ 
tualling-board for it. 

When the ship comes to the port where she is to be laid up, the 
captain is to exhibit an exact account of all the qualities of the ship to 
the commissioner of the navy at that port, and to transmit a duplicate 
of the same to the navy-board. 

He is to prepare five pay-books, with the assistance of his purser, 
and to transmit the same to the navy-board, signed by himself and 
signing-officers, who are to attend the payment thereof. 

He is not to depart, nor suffer the officers or men to go a-shore, until 
the ship is wholly unrigged and clear, and to deliver her so into the 
charge of the officers of the yard. 

If there be occasion to discharge any of the men, when the ship is 
under orders to be paid off, they shall apply to a flag-officer, or to a 
commissioner of the navy,, who will examine their qualifications, if 
agreeable to sign their tickets ; otherwise they will be paid ordinary. 

When any men borne for wages are discharged from one ship to 
another, the captain of the ship from which they are so discharged, is 
to send immediately pay-lists for such men to the navy-office. 

To promote cleanliness and health, the following rules are to be at¬ 
tended to, viz. — I. All men on board are to keep themselves in every 
respect as clean as possible. 2. That the ship be aired between decks 
as much as may be, and that she be always kept thoroughly clean. 
3. That all necessary precautions be used, by. placing centinels or other¬ 
wise, to prevent people easing themselves in the hold, or throwing any 
thing there that may occasion nastiness. 4. That no fruit or strong 
liquors be sold onboard the ship. 5. That no women be ever per¬ 
mitted to be on board but such as are really the wives of the men they 
come to, and the ship not to he too much pestered with them ; but this 
indulgence is only tolerated while the ship is in port, and not under 
sailing orders. 

Fie is responsible for the whole conduct and good government of the 
ship, and for the due execution, of all regulations which concern the 
several duties of the officers and company of the ship, who are to obey 
him in all things which he shall direct them for his Majesty’s service. 

He is also answerable for the faults of his clerk; not can he receive 
his wages without the proper certificates, and must make good all da¬ 
mages sustained by his neglect or irregularity. 


The 


IN THE ROYAL NAVY. 


S3 


The Lieutenant. 

When he receives his commission he is to repair on-board, and dili¬ 
gently execute all such orders as he shall receive from his commander, 
tor his majesty’s service, nor absent himself from the ship, without leave, 
on any pretence. 

He is to keep a list of the officers and men in his watch, muster them, 
and report the names of the absentees. 

He is to see that good order be, kept in his watch, that no .fire or can¬ 
dle be burning, and that no tobacco be smoked between decks. 

He is not to change the course of the ship at sea without the captain’s 
directions, unless to prevent an immediate danger. 

No boats are to come on-board or go off without the lieutenant of the 
watch being acquainted with it. 

He is to inform the captain of all irregularities, and to be upon deck in 
his watch, and prevent noise and confusion. 

He is to see that the men be in their proper quarters in the time of 
action ; and that they do all perform their duty. 

He is to keep a journal, and, at the end of the voyage, to deliver co¬ 
pies thereof into the admiralty and navy offices signed by himself. 

The youngest lieutenant is frequently to exercise the seamen in the use 
of small arms : and in time of action he is to be chiefly with them. 

He is to take great care of the small arms, and see that they be kept- 
clean and in good condition for service, and that they be not lost or em¬ 
bezzled. 

The Master . 

He is to repair on-board, and obey his commander’s orders, for the 
dispatch of what is to be done towards the fitting her out. 

He is to inspect the provisions and stores sent on-board, and of what 
appears not good he is to acquaint the captain. 

He is to take care of the ballast, and see that it be clean and whole¬ 
some, and sign the quantity delivered ; and, in returning ballast, to see 
that vessels carry away their full lading. 

He is to give his directions in stowing the hold for the most room, 
trimming the ship, and for preservation of the provisions; and the oldest 
provisions to be stowed so as to be first expended. 

He is to take especial care that the rigging and stores be duly pre¬ 
served ; and to sign the carpenter’s and boatswain’s expense-book, taking 
care not to sign undue allowances. 

Hejs to navigate the ship, under the directions of his superior officer, 
and see that the log and log-book be duly kept, and to keep a good look¬ 
out. 

He is duly to observe the appearance of coasts; and, if he discovers 
any new shoals, or rocks under water, to note them down in his journal, 
with their bearing and depth of water. 

He is to keep the hawser clear when the ship is at anchor, and see that 
she is not girt with her cables. 

He is to provide himself with proper instruments, maps, and books of 
navigation, and keep a regular journal, noting therein the going-out and 
coming-in of all stores and provisions; and when the ship is laid up he is 
to deliver a copy of the same into the navy-office, together with his log¬ 
book. 

He is to be very careful not to sign any accounts, books, lists, or 
ticket^, before he has thoroughly informed himself of the truth of every 
particular cbntained in the same. 

Vie 


D 


INSTRUCTIONS FOR THE OFFICERS 


34> 


The Boatswain and Master-Sail-Maker. 

The Boatswain is to receive into his charge the rigging, cables, cord¬ 
age, anchors,, sails, boats, &;c, by indenture, from the surveyor of the 
navy, and to use great care in the disposition of the same. 

He is not to cut up any cordage or canvas without an order in writing 
from the captain, and under the inspection of the master; and always to 
have by him a good quantity of small plats for security.of the cables. 

He and his mates are to assist and relieve the watch, see that the men 
attend upon deck, and that the working of the ship be performed with 
as little confusion as may be. ^ 

His accounts are to be audited and vouched by the captain and master, 
and presented to the surveyor of the navy; and, until such accounts are 
passed, he is not to receive his wages. 

If he has cause of complaint against any of the officers of the ship, 
with relation to the. disposition of the stores under his charge, he is to re¬ 
present the same to the navy-board before the pay of the ship. 

He is not to sign any accounts, books, lists, or tickets, before he has 
thoroughly informed himself of the truth of every particular therein con¬ 
tained. 

The Master-sail-maker is to be warranted from the navy-board, without 
which none are to be rated in that capacity on-board his majesty’s ships. 

He is, with his mate and crew, to examine all sails that are brought 
on-board, and to attend all survey's and conversions of sails. 

He is always and in due time to repair and keep the sails in order fit 
for service. 

He is to see that they are dry when put into the store-room, or very 
soon to have them taken up and aired, and see that they are secured 
from drips, damps, and vermin, as much as possible. 

When any sails are to be returned into'store, he is to attend the deli¬ 
very of them for their greater safety. 

The Gunner, Armourer , and Gunsmith, 

The Gunner is to apply to the store-keeper of the ordnance, and re¬ 
ceive from him by indenture the ordnance, ammunition, small-arms, and 
other stores allowed for the voyage; and, if any part thereof be not 
good, he i$ to represent the same to the captain, in order to ks being 
surveyed and returned. 

He is to see that the powder-room be well secured and in right order, 
before the powder is brought into the ship. 

Powder is to be taken in at those places, at the several ports, which 
are appointed by the admiralty. 

The powder in the copper-hooped barrels to be lodged in the ground- 
tier ; he is to see that the doors of the powder-room be fast locked, the 
scuttles well shut and covered, and to deliver the keys to the captain. 

' He is timely to advise the captain when any powder comes.on-board, 
nor is he to remove it, prepare fuzees, &c. without the captain's direc¬ 
tions, so that the fire and candles may be extinguished, centinels posted, 
and all care used to prevent accidents. 

He is not to go or send any one into the ppwder-rooms but by leave of' 
the captain, and to take care that they have nothing about them that'will 
strike fire in falling. 

No more than three rounds of parchment-cartridges are to be filled at 
a time. 


IN THE ROYAL NAVY. 


$5 


He may receive additional stores, if the ship is ordered to any station 
in America; but none of those additional stores are to be used until tlifc 
iirst are expended. 

Perishing stores are to be surveyed and condemned ; but, if near any 
port in England, he is not to throw them over-board, but to return them 
into store. ° ' 

Empty powder-barrels are not to be staved, but preserved to shift such 
as may be decayed. 

By direction from the captain, he is to allow a proper quantity of pow¬ 
der and shot for exercise; viz. once a week for the first two months, 
and once a month afterwards, six charges of powder to ea«h man for 
exercise of small aims, and once a fortnight four pounds of musket-shot 
lor them all, and once a month five charges of powder and five of shot 
for the exercise of the upper-deck guns. 

The proportion of powder, on the occasion of service or scaling, he is 
to allow as per regulations of the admiralty . 

In time of action, lie is to reduce the allowance of powder by degrees 
until the same be lessened to one third of the weight of the shot. He is 
not to swab, a gun when it grows hot, for fear of splitting. 

He is to take care that the guns be placed upon their proper carriages - 
for, by this means, they will fit, and stand a proper hight for the sill of 
the ports. 

He is not to scale the guns oftener than the ship is refitted, unless upon 
extraordinary occasions, and with the captain's orders: and, when they 
are loaded for service, he is to see them well tampioned, and the vents 
filled with oakum. 

He is to use great caution in order to prevent damage to such guns as 
are struck in the hold, by paying them all over with a coat of warm tar 
and tallow mixt, &c. 

He is to take care of the stores committed to him ; for, no waste, that 
is not perishable, will be allowed him, only reasonable wear; and, if 
any accident, it must be vouched by the Captain. 

He is to keep a book of expenses according to the method prescribed 
by the admiralty, and the stores expended are not to be expressed in 
figures, but in words at length. 

He is to keep the boxes of grape-shot and hand-grenadoes in a dfv place. 

He is to observe, upon the guns, the notches or sights on the base or 
muzzle rings, for the better guiding the aim. 

He is not to load the guns with unfixt mixtures, which do greatly en¬ 
danger their splitting. 

He is not to start the hand-grenadoes, but return what are left at the 
end of the voyage, in the same manner that he received them. 

In cutting up the cordage he is to observe the prescribed regulations, 
and, when he discharges himself of the cordage expended, he must 
charge himself with the breechings, &c. into which it shall be con¬ 
verted: the like method must be used in the conversion of any other 
stores, and ropes of spunges are to be made out of old breechings. 

When the ship wants new supplies, he is to draw out an account, with 
an inventory of what remains, present the same to the captain, which, 
being by him vouched, must be sent to the board of ordnance. 

An abstract of his account he must also make out half-yearly, accord¬ 
ing to the method prescribed. 

He is to keep good order in the gun-room, and suffer none to lie there 
but such as have a right, or whom the captain shall direct; and cause a 
careful man of his crew to watch there every night. 

D 2 He 


INSTRUCTIONS FOR THE OFFICERS 


$6 

He is to be frugal of his match ; to burn no more than is allowed, and 
that over a tub of water. 

After an engagement, he is to procure a survey to be made of the 
powder in general. 

He is to keep an inventory of all the arms and utensils sent out of the 
ship, and get the same signed by the officer appointed to command the 
detachment, and witnessed by the captain's clerk. 

When the ship comes into port to be refitted, &c. he is to get the ship 
cleared of the guns, and other ordnance-stores, as soon as possible. 

He is to take care that the stores be safely returned, and he and the 
armourer are to attend the store-keeper and other officers belonging to the 
ordnance, when his'stores so returned are surveyed on shore, and he (the 
gunner) to sign the retrains. 

At the end of the voyage, he is to deliver his accounts into the office of 
ordnance. 

If he has cause of complaint against any of the officers of the ship, 
with relation to the disposition of the stores under his charge, he is to 
represent the same both to the navy and ordnance boards before the pay 
of the ship. 

No person shall be warranted as gunner before he has passed an exami¬ 
nation before a mathematical master and three able gunners of the navy, 
and from them procure a certificate of his qualification. 

The Armourer and Gunsmith are appointed by warrant from the board 
of ordnance. 

They are to assist the gunner in the survey and receipt of small arms, 
and to keep them clean and in good order; but not to take them too 
often to pieces, which is detrimental to the locks, &c. i 

Their station is in the gun-room, where they are to observe the gunner's 
orders. 

The gunner is to receive the armourer's tools from the office of ord- / 
nance, and is to account for them at the end of the voyage, in the same 
manner as for the other stores under his charge. 

In foreign parts, if the small arms want such repairs as cannot be done 
on-board, the captain must cause a survey, andjthe defectives may be 
sent on-shore to be repaired : but the armourer or gunsmith must attend to 
see the reparations well excuted. 

They are to return the small arms into store, clean and in good order; 
and must produce certificates (from the officers of ordnance where the 
arms are returned) that they hav£ discharged their duty .well. 

The Carpenter. 

To take upon him the care and preservation of the ship’s hull, masts, 
&c. and also the stores committed to him by indenture from the surveyor 
of the navy. 

To visit and inspect all parts of the ship daily, to see that all things 
are well secured and caulked, order the pumps, and make reports to the 
captain. 

In an engagement, he is to be watchful, and have all materials ready to 
repair damages; and frequently to pass up and down the hold with his 
Crew, to be ready to plug up shot-holes. 

The Purser 

Is to victual the ship when she is ordered to be fitted out for sea; and 
to see that she is duly supplied. 


To 


IN THE ROYAL NAVY. 


37 


To enter no man on his books, or supply him with provisions, but by 
note in writing from the clerk of’ the check, or the commanding officer 
on-board. 

To take care to indent in time for, and get the full quantity of, provi¬ 
sions, water-casks, &c. on-board. 

To take care that the provisions be good and in sound casks, or object 
against them till a survey is made: he is also to take the marks of the 
casks, &c. that he may know from whom and whence they came, and 
when they were received. 

If the ship cannot contain'all her provisions, he is to certify the same, 
and trie quantity short of each species ordered, so that the remainder may 
be supplied another way. 

To procure certificates, under the hands of the commander and master, 
of tlie quantity of provisions received into the ship, or he will not be 
allowed to indent for the same. 

Not to discount any part of the credit on his indents for money; nor 
indent for fresh supplies before his credit is satisfied. 

To provide the ship with coal, wood, turnery-ware, candles, lan¬ 
terns, &c. to enable him to do which, he is allowed a halfpenny per day 
for each n an of the complement, and which he will receive on producing 
a certificate that the ship is victualled and stored for the time directed by 
the order for her completing. 

To be careful to inspect the good order, stowage, and preservation, 
of provisions, and that the oldest be expended first. 

If any of the provisions be unfit for use, to procure a survey upon the 
same, by proper officers, who are to make a regular report thereof. 

No officers of the ship are to be employed in the survey, if any other 
ship be in company; and, if a ship be alone in a port, where there are 
naval officers, the captain is to join one to the survey. 

Condemned provisions arc not to be thrown over-board, except cheese, 
if the ship is at or near any victualling-port, but the same is to be re¬ 
lumed to the agent: the same is to be done if the ship is at sea, and an 
agent from victualling-vessels be in company; but, if there be no agent, 
or he shall refuse to receive them, he may then (by warrant from the 
commander-in-chief, or from his ow n captain if the ship be alone) cause 
the said provisions to be flung over-board, taking a certificate of the 
quantity, and also an account when, where, and from whom, the said 
provisions are received, and himself or steward must make oath to the 
quantity so thrown over-board. 

If provisions shall be cast by survey, after the time they were to serve, 
he is to expect no allowance on such surveys without a satisfactory certi¬ 
ficate, why the said provisions were not sooner expended. 

Condemned butter is never to be flung over-board, but returned into 
store, unless the boatswain shall want any for the ship’s use, and then lie 
must be charged therewith. 

Leakage of beer must be surveyed by warrant from the captain to the 
master and two or more officers of the ship, who are to report under 
their hands, on the back of the said warrant, the quantity leaked out, 
and the reason and occasion of the leakage: the cooper’s oath is also 
required hereto. > 

Never to keep allowance for leakage of wine, oil, brandy, rum, or 
arrac; there being proper conveniences made in the hold for securing 
the said liquors from any abuses whatsoever. 

D a To 


88 


INSTRUCTIONS FOR THE OFFICERS 


To transmit, to the commissioners of the victualling, duplicates of all 
orders, reports, certificates, &c. relating to surveys attested, reserving 
the originals in his own hands for the passing his accounts. 

If any species fall short, and the want thereof is supplied out of ano¬ 
ther species, when the ship receives a supply, he must replace a like 
quantity of the same species taken away in lieu thereof, thereby to make 
no extraordinary charge. 

If a cask of beef or pork fall short of the contents marked on the 
head, by warrant from the captain, he must have a survey, and report 
the same, and either himself or steward is to make oath, at the foot ot 
the survey, to the truth thereof, and that none of the casks were opened, 
or any pieces taken out, before thq time of the survey, to the best of 
their knowledge. And, after such a discovery as this, it is expected, 
that an exact account be exhibited of the number of pieces of beef and 
pork, in all the casks that shall be expended, and a true balance thereof 
delivered to the commissioners of the victualling. 

Not to sell or make any undue use of the stores or provisions under his 
charge. And, the more to discourage pursers from selling provisions, it 
is hereby ordered, that in those years where the price of any species shall 
exceed the sum usually charged on pursers in dcfbt, he shall be obliged to 
pay the full value his majesty gave for-the provisions. 

Not to purchase any provisions where there is an agent, or in the way 
of one; but, where there is no agent, on application, the captain may 
cause the remains to be surveyed, and, where there is real want, by his 
warrant, the purser may procure the same. The receipts of payment 
are to be witnessed by two commission or warrant officers; the quantities 
and prices are to be expressed; and he must also procure a certificate 
from the governor or consul, where there are such, or else Irom two or 
three eminent merchants, that the said bargains were at market-price. 

To observe, that store-house room and commission-money will not be 
allowed in his accounts; and sloops and boats are never to be hired but 
on indispensible necessity, and by his,commander’s orders : and then he 
must produce a certificate, signifying the occasion of their being hired, 
and that they were not employed longer than necessary. 

If it is necessary for the purser to draw bills of exchange upon the 
commissioners of the victualling, the money is to be taken up by publi¬ 
cation, and the captain is to attest the bills: the purser also must procure 
certificates from the governor, consul, or merchants, of the currency of 
exchange at that time, which he must transmit home with the bills, and 
also an account how the said money has been laid out.' 

When he returns home, he is to deliver into the victualling-office an 
account current of all his disbursements, for the service of the ship at 
large, and reduced into English coin, with his particular affidavit at the 
foot of the account. 

If water is wanted,, and cannot be had without money, he may (by 
warrant from the captain) purchase w r hat is necessary, taking receipts, 
witnessed by two commission or warrant officers, and a certificate from 
the captain of the quantity brought on-board. 

The purser shall employ his cooper to repair defective casks, where 
they cannot be returned in stores, and that without making any charge 
thereupon. He is also to keep a distinct account of the waste staves and 
iron hoops, and himself qr cooper shall make oath to the truth thereof. 

Not to expend any cask for extra-service without an order from the 
captain, and also a certificate expressing the quantity expended, when, 

and 



IN THE ROYAL NAVY.- 


',<20 

and for what service : but he is to observe, that casks used for washing- 
tubs, steep-tubs, &c. will not be allowed as an extra-expense. 

If loss happens in provisions, or stores, by action with the enemy, or 
other unavoidable accidents, be is to produce a certificate from the cap¬ 
tain of what was so lost, with the occasion; and himself, or some othef 
who was present, must make oath that it did not -happen through any 
neglect or default. 

To keep a very regular and exact muster-book, and to set off, against 
their names, the slop-clothes, dead mciv’s clothes, beds, and tobacco, they 
have been supplied with, in order to be voucher for the tickets made out 
by the captain for wages. He is to note down also the times of begin¬ 
ning and ending petty-warrant, or sea-victualling, short allowance, the 
nature and quantity of the said allowance, and what he has been paid oh. 
that account. 

He may, at appointed times, and in some public place, sell tobacco 
to the seamen, not exceeding two pounds per month to a man, at the 
rate settled by the navy-board. 

He may not victual supernumeraries but by warrant from the captain ; 
and, if tiie captain has received orders for so doing, the purser must pro¬ 
cure an attested copy also of the said orders; on the back of the warrant 
he is to enlist their names, and at the foot thereof to procure the captain’s 
certificate. 

When he victuals other ships’ men, by order, re-payment must be 
made from the purser of that ship; and, in case of refusal, he must send 
a list of the said f men’s names and time (certified by his captain} to the 
victualling-office. 

Not to spare provisions or stores to other ships but by warrant, and on 
the back to take the purser’s or steward’s receipt, mentioning the quantity- 
in words at length, time when, and place where, and to send a copy of 
the said receipt to the commissioners of the victualling. 

To keep a sick-book, mentioning the men’s names sent sick out of the 
ship, their number on the ship’s book, when and where sent, and num¬ 
ber of days absent, which is to be delivered into the comptroller’s office. 

When the victualling-office sends vessels to bring away the provisions 
from the ship, the purser is to send therewith his steward, or some care¬ 
ful person, to see their safe delivery to the officer appointed to receive 
them. 

Each but, when returned, if shaken, shall consist of twenty-six 
staves; a puncheon'rwenty-two; a hogshead twenty; a barrel seven¬ 
teen, heading included : two pipes reckoned one stave. 

A regular survey must be taken before the provisions are returned into 
store, and the purser must make an affidavit that the said provisions 
were received out of his Majesty’s stores, or from persons under contract. 
The like oath is to be made by him of all the casks, staves, iron hoops, 
' and biscuit-bags, returned to the office. He shall receive no allowance 
for provisions furnished under warranty, such as beer, butter, and cheese, 
if they are cast by survey after the time of warranty. 

To pass his accounts within six months alter the ship is paid off at 
farthest, and at the same time to have his affidavit ready, touching every 
particular relating to his accounts. 

If he has cause of complaint against any of the officers of the ship, 
with relation to the disposition of the provisions or stores under his charge, 
he is to present the same to the navy-board, before the ship is paid oft'. 

Not to sign any accounts, books, lists, or tickets, before he lias fully 
informed himself the truth of every particular contained therein, 

D 4 The 


40 


INSTRUCTIONS FOR THE OFFICERS 


7 he Surgeon. 

When a surgeon is warranted, he is to provide instruments and a chest 
of medicines/ according to the rules of the navy ; and the same must be 
viewed, examined, and approved, by the physicians ot the sick and 
wounded, or the physician of Greenwich-hospital, in conjunction with 
the governors of the surgeons company, who will give him a certificate 
thereof. 

When the chest is recruited, the like method is to be taken; and all 
such medicines or drugs as shall be found in the chest nQt-fit for use must 
bg destroyed. 

To provide himself with a competent number of printed sick-tickets, 
from the sick and wounded office, and ot smart-tickets from the office of >■ 
the clerk of the acts. > 

To inspect and take care of the necessaries sent on-board for the use of 
sick men; if not good, he must acquaint the captain ; and he must see 
that they are duly served out for the relief of the sick. 

To visit the men under his care twice a day., or oftener, if circum¬ 
stances require it; he must see that his mates do their duty, so that none 
want due attendance and relief. 

In cases that are difficult, he is to advise with the physicians of the 
squadron. 

To inform the captain daily of the state of his patients. 

When the sick are ordered to the hospitals, he is to send with them to 
the surgeon an account of the time and manner of their being taken ill, 
and how they have been treated. 

But none are to be sent to sick-quarters, unless their distempers, or the 
number of sick on-board, are such, that they cannot be taken due care 
of; and this the surgeon is to certify under his hand, before removal. If 
the physician and surgeon of the hospital find they might have been cured 
in a little time on-board, the surgeon of the ship is to have twenty shil¬ 
lings charged against his wages for every man so improperly sent. 

To be ready with his mates and assistants in an engagement, having all 
things at hand necessary for stopping of blood and dressing of wounds. 

To keep a day-book of his practice, containing the names of his pa- * 
tients, their hurts, distempers, when taken ill, when recovered, removal, 
death, prescriptions, and method of treatment while under cure. 

From the last book he is to form two journals, one containing his phy¬ 
sical practice, the other his chirurgical; which are respectively to be 
delivered in (at the end of the voyage) to the physicians of the sick and 
wounded, or of Greenwich-hospital, and to the surgeons company, in 
order to be examined. 

The Master-at-Arms, and the Corporal. 

No one to be admitted a master-at-arms but such as is appointed by 
warrant from the admiralty. 

Fie is daily, by turns, (as the captain shall appoint,) to exercise the 
petty officers and ship’s company, having a proper allowance of powder 
and shot for that purpose. 

He is to place and relieve centinels, to mount with the guard, to see 
that arms be kept in order, and to observe the directions of the lieutenant- 
at-arms. 

He is to see that the fire and candles are put out in proper season, and 
according to the captain’s order. 


H« 



IN THE ROYAL NAVY. 


41 


He is to visit all vessels coming to the ship, and prevent th<*seamea 
going from the ship without leave. 

He is to acquaint the officer of the watch with all irregularities in the 
ship which shall come to his knowledge. 

The corporals are to act in subordination to the master-at-arms, and to 
perform the same duty under him, and to perform the duty themselves 
where a master-at-arms is not allowed. 

The School-Master, 

Before he is warranted, he must be examined before the master, war¬ 
dens, and assistants, of the Trinity-house, and from thenTproduCe a cer¬ 
tificate of his qualifications; he must also produce another from persons 
of known credit, testifying his sobriety, &c. 

He is duly to employ his time in instructing the volunteers in writing, 
arithmetic, and navigation, and in whatsoever may contribute to render 
them proficients. 

He is likewise to teach the other youths of the ship, according to such 
orders as he shall receive from the captain. 

He is to be diligent in his office, and such as are idle must be repre¬ 
sented to the captain for correction. 

He is not to receive his wages or allowance without a certificate from 
the captain; nor be employed again, without depositing in the admiralty- 
office a like certificate. 

The Cook. 

He is to have the charge of the steep-tub, and is answerable for the 
meat put therein. 

He is to see the meat duly watered, and the provisions carefully and 
cleanly boiled, and delivered to the men according to the practice of the 
navy. 

In stormy weather he is to secure the steep-tub, that it may not be 
washed over-board; but, if it should inevitably be lost, the captain must 
certify it, and he is to make oath to the number of pieces so lost, that it 
may be allowed in the purser’s accounts. 

Hides of Discipline and good Government. 

The commanders are to shew in themselves good examples of honour 
and virtue; vigilant in inspecting the behaviour of others, suppressing all 
dissolute, immoral, and disorderly, practices; and to correct those who 
are guilty, according to the usage of the sea. 

They are to see that divine service be performed twice a day on-board, 
according to the liturgy*of the church of England, and a sermon on 
Sundays, unless bad weather, &c. prevent it. 

They are to punish swearing, cursing, and blasphemy, by causing 
them to wear a wooden collar, as long as they think fit, or any other 
shameful badge, if he be a commission-officer, he shall forfeit one shil¬ 
ling for every offence, and a warrant or inferior officer sixpence. A 
seaman guilty of drunkenness shall be put in irons till sober; but an officer 
shall forfeit two days pay. 

A commander may not punish a seamen beyond twelve lashes, on his 
bare back, with a cat of nine tails; but, if the fault deserves greater pu¬ 
nishment, he is to inform the commander-in-chief, or secretary of the ad¬ 
miralty, in order for the offender’s being brought to a court-martial: in 
the fnean time lie may be put under confinement. 


A captain 


42 


INSTRUCTIONS FOR THE OFFICERS 


I 


A captain is not to discharge a commission or warrant officer, nor pu¬ 
nish nor strike him; but, if he be dispbedient, behave ill, or unfit for 
duty, he may suspend or confine him, till 1 information can be given as ‘ 
above for a court-martial. 

No officer under the-captain is allowed to inflict punishment, bu^ th'e 
commanding officer (in the captain’s absence) may confine an offender 
till the captain’s return; and, if the captain be absent, by leave* the 
commanding-officer may punish. 

Articles of war are to be hung up in some public place of the ship, 
and read to the ship’s company once a month. 

Rules for Cure of Sick find Hurt Seamen on-board their oxen Ships. 

In every ship, convenient room must be made between decks for the 
reception of the sick and hurt seamen. 

The captain is to appoint some of the ship’s company, by turns, to 
serve the sick, night and day, and keep the place clean. *■ 

By the captain’s orders, the cooper may make buckets, out of old 
staves and hoops, and the carpenter cradles, for the use of the sick and 
those who have fractured bones. 

Whenever possible, fresh fish is to be caught for the use^ of the sick ; 
and, if any surplus, the same shall be distributed by turns among the 
officers and seamen impartially, and that without any deduction of their 
allowance of provisions: . 1 

Rules for sending Sick or Hurt Seamen out of their own Ship for cure. 

None are to be sent into the hospitals, either attending the tieet or 
ashore, but whose distempers or hurts are such as may render it inconve¬ 
nient to have them kept on-board their own ships. 

They must be sent on-shore with their clothes, bedding, and a ticket, 
expressing their names, entry, numbers, and quality, on the ship’s 
books, with the quality of their disease and hurt; and also the amount of - 
wages, slops, beds, dead clothes, and tobacco, and fines for neglect 
charged against them ; so that, if they should be discharged unservice¬ 
able, or should be put on-board any other than their own ship, they may 
receive their wages. 

The captain may order the purser to supply them with slops, if they 
want such necessaries. 

They are to be sent on-shore under the charge of a discreet officer, and • 
the surgeon or one of his mates, that they may be carefully landed, and 
conveyed with proper carriages, at the expense of the hospital. 

A commission-officer is to go the hospital twice a week (on mUster- 
days) to receive such of his men as are recovered. He may also receive 
such other recovered men (whose ships are not in the way) as the agent 
shall desire. 

The captain is to receive such recovered men as the agent shall send 
to him, though the ship be at a distance, unless they be unserviceable; 
if so, he must give the said men a certificate of his refusal. 

If the captain, receiving such recovered men, shall meet with tjie 
ship they belong unto, he is to return them; but, if that ship have her 
full complement, he is to enter them as a part of his, if he wants men, 
or dispose of them where they may be wanted; bearing wages from the 
time they were received from sick-quarters. 

Agents may supply sick men with necessary clothes if their ship is 
out of the way, (while in quarters,) of which he is to certify to the 
captain. 


If 


IN THE ROYAL NAVY. 


4S 


If such as are discharged from sick-qunrters do not return onboard di¬ 
rectly, a query is to be put against their names, as a stoppage to the pay¬ 
ment of wages, unless they prove that they are not able to get on-board 
their own ships, and entered on some other in the royal navy immediately, 
or were discharged as unfit for service. 

Captains are to correspond with the commissioners of the sick and 
wounded concerning the state and condition of their sick men. 

Commanders-in chief and the commissioners of the navy, at the ports 
where hospitals are erected, are to visit them frequently, in order to hear 
complaints, and redress irregularities and grievances. 

The Captain is to take care of the sick men in foreign parts, where 
there is none ol his Majesty’s hospitals, or correspondents of the sick and 
wounded office, to take charge of them, and may draw bills on the said 
commissioners for the expenses; observing the allowance by usual esta¬ 
blishment, as he will not be allowed any thing beyond such establishment.' 

Of tJw Provisions. 

Every man to be allowed daily provisions as follows : viz. 

Sunday. — One pound of biscuit, one gallon of small beer, one pound 
of pork, and half a pint of pease. 

Monday. — One pound of biscuit, one gallon of small beer, one pint 
of oatmeal, two ounces of butter, and four ounces of cheese. 

Tuesday. — One pound of biscuit, one gallon of small beer, and two 
p ounds of beef. 

Wednesday. —One pound of biscuit, one gallon of small beer, half 
a pint of pease, a pint of oatmeal, two ounces of kutter, and four ounces 
of cheese. 

Thursday. — The same as Sunday. 

Friday. — The same as Wednesday. 

Saturday. — The same as Tuesday. 

Hence the full weekly allowance- per man (besides fresh fish caught 
and distributed without any deduction for the same) is. 

Seven pounds of biscuit. One quart of pease. 

Seven gallons of beer. Three pints of oatmeal. 

Two pounds of pork. Six ounces of butter. 

Four pounds of beef. Twelve ounces of cheese. 

Captains may shorten this allowance if necessity require it, taking due 
care that men be paid for the deficiency; nor is any officer to have whole 
allowance while the company is at short. 

In foreign voyages, some of the above species may be changed; that is, 
half a pint of brandy, rum, or afrac, for a gallon of beer: tour pounds 
of flour, sometimes three poliuds, with a pound of raisins, or half a pound 
of currants, with half a pound of beef-suet pickled, are equal to a four- 
pound piece of beef or two-pound piece of pork with pease: half a pound 
of rice for a pint of oatmeal: a pint of olive-oil for a pound of butter 
or two pounds of Suffolk cheese: two thirds of a pound of Cheshire 
<Aeese for a pound of Suffolk. 

Beef is cut into four-pound pieces, and pork into two, and every cask 
is to have the contents thereof marked on the head. 

Every twenty-eight pieces of beef, cut for four-pound pieces, taken 
out as they rise, and the salt shaken off, are to weigh one hundred 
pounds avoirdupois, and every fifty-six pieces of pork one hundred and 
four pounds. 

If there be a want of pork, the captain may order three pounds of 
beef to be given out in lieu of two pounds of pork. 

One 


INSTRUCTIONS FOR THE OFFICERS 


U 

One day in every week there shall be issued out a proportion of flour 
and suet in lieu of beef; but this is not to extend beyond four months 
victualling at a time. 

Only three months butter and cheese shall be supplied for foreign voy¬ 
ages, the remainder to be made up in oiive-oii. 

One ton of iron-bound casks tor water, and a bundle of wooden hoops, 
are allowed for everv hundred men per month in home-voyages; but, in 
foreign voyages, such farther quantity as shall bethought necessary. 

.In home-voyages half the. proportion of beer is to be contained in 
iron-bound casks; but, in foreign voyages, three-fourths; and every 
cask is to have the contents marked on the head in gallons, Winchester 
measure. 

To prevent the buying of casks abroad, all casks (in foreign voyages) 
are to be new. 

Provisions (if necessity require it) may be supplied, by order of the 
commander-in-chief to the agent; and, in urgent cases, a captain, by 
his warrant, may supply the same. 

Victualling-vessels, consigned to ode ship, may not be stopped by a 
captain belonging to another to take any part of her lading; they are also 
to be unladen with dispatch, and sent away. 

Provisions are to be sent on-board without charge to the purser; and 
the masters of such vessels are to see ti\e same delivered into the slings of 
the ship they are consigned to, by careful men belonging to the ship ; and 
must also deliver to the captain a proper and perfect bill of lading. 

If any provisions slip out of the slings, or are damaged through careless¬ 
ness, the captain is to charge the value against the wages of the offender. 

No provisions.are to be refused until the captain or commanding-officer 
shall cause the same to be surveyed; and, if they then appear unfit for 
use, he is then to return them, together with the original survey. ( 

Provisions are frequently to be inspected (in foreign voyages), and all 
proper care taken for the preservation thereof. 

Provisions spared to another ship, in due form, are to be made good by 
a new supply from the agent at the next port, upon producing the pro¬ 
per order. 

Fresh meat is to be allowed twice a week (when it can be conveniently 
done) instead of salt meat; three pounds of mutton accounted for a 
four-pound piece of beef or a two-pound piece of pork with pease. 

Prize-provisions may be issued to his Majesty’s ships, if in want, (and 
those good of their kind,) a survey being first regularly made: but this 
is not to be done while any of the ship’s provisions of the same species 
are remaining. 

Of Short-Allowance Money . 

The captain is to make out short-allowance lists, with the assistance of 
the purser, which must be compared with the muster and sick books, 
and signed by himself, the purser, master, and boatswain, before they 
are sent to the commissioners of the victualling. 

In foreign parts, the short-allowance money is to be paid every three 
months; and, where there is no agent-victualler, the purser, by warrant 
from the commander-in-chief or senior captain, may take up money to 
discharge the same, upon the best exchange, and draw bills upon the 
commissioners of the victualling. 

The commander-in-chief is to attest the bills, certify the exchange, 
control the payment, certify what cash remains in hand/and this surplus 
is to be appropriated to the next or succeeding payment. 


If 


IN THE ROYAL NAVY. 


45 

If the ship is alone, the captain is directed to act &s commander-in- 
chief or senior captain. 

The parser, by the first opportunity, is to send one list to the commis¬ 
sioners of the victualling, and, by the next conveyance, another. 

The ship's company is to be paid their short allowance in sterling value, 
and to have the benefit of the exchange. 

The buying of short-allowance money, directly or indirectly, is strictly 
forbidden ; and the parties themselves are to be paid without any regard 
to notes or any other obligation whatsoever. 

Of Slop-Clothes . 

Seamen (destitute of necessaries) may be supplied with slops as far as 
a month's wages in time of press. 

No one is to receive a second supply until he has served full two 
months, and then not exceeding ten shillings, and so in proportion, ten 
shillings more every two months, if he shall be in want. 

Slops are to be issued, out publicly ; and, as the captain is not to suffer 
those to be supplied who are not really in want, so he is to oblige those, 
who are ragged or want bedding, to receive such necessaries as they 
want, not exceeding the limits aforesaid. 

The oaptain is to keep a slop-book, according to form prescribed, and 
before the payment of the ship ; or, on his removal, he is to send the same 
to the comptroller of the navy duly signed. 

On the discharge of a man by ticket, the value of the clothes he has 
been supplied with must be noted upon the same in words at length. 

If necessity require the buying of clothes in foreign parts, the captain 
must procure them of the kinds used in the navy, and as moderate as pos¬ 
sible ; he must also (by the first convenience) send an invoice of the same 
to the navy-board. 

All possible care must be taken that no more beds be demanded than 
* are necessary. 

When a seaman dies on-board, his clothes, 8zc. may be sold by auction, 
and the produce charged against the buyers on the muster and pay books : 
a particular account of the same must also be kept in the slop-book. The 
purser is to be allowed twelve pence in the pound for his trouble, who is 
also to give the executors, &c. of the deceased, a particular account of. 
the clothes sold, and to whom. 

Seamen are not permitted to bid for the clothes of dead officers that 
are above their wear, nor bid for effects above their real value, nor pur¬ 
chase more than their wages can answer, agreeably to allowance. 

On the death, &c. of a purser, the slops, clothes, and bedding, re¬ 
maining, are to be surveyed, and delivered to the successor, by inven¬ 
tory, in due form. 

The purser is allowed a shilling in the pound for his trouble in distribu¬ 
ting slops. 

, Of Pilotage. 

Pilots are to be treated with good usage, and in equal respect with 
warrant-officers. 

The purser is to provide bedding for the pilots, who are to have ham- 
mocs provided for them, and a convenient birth near their duty, and se¬ 
parate from the common men.. 

A pilot, conducting one of his Majesty's ships, has the sole charge and 
command of her, and may give orders tor steering, setting, or handing 
.vails, bracing the yards, putting the ship in stays, or any other acts that 

concern 


46 


INSTRUCTIONS FOR THE OFFICERS 


concern the navigation of the ship. All the proper officers and crew are 
10 obey him; but the captain is to observe the conduct of the pilot, and 
may remove him from the command for misconduct, noting in the log- 
fcooK the exact hour when the pilot was removed, and the reasons for it. 
-Pilots m foreign ports are to be paid by the naval officer, if any, upon 

certificate from the captain; or else by the captain. 

Foreign pilots are to be paid by the captain according to the established 
rates of the country. 

Ships bound hut of the Thames, or from the Nora, the captain is to 
apply to the navy-board for a pilot, and not to employ any but such as are 
sent to him by the Trinity-house; but, when a ship is to depart from the 
.Downs to the Thames or Medway, he is to employ one belonging to the 
society of pilots at Dover. 66 

Captains are not to take pilots unnecessarily, nor bear them longer than 
is necessary ; and, when discharged, to give them certificates. 

- When the constant attendance of a pilot is required on-board, he is to 
be so rated upon the books, and borne within the complement. 

Ihe master or mate (with the captain’s consent) may act as pilot, 
it none can be got; and, for encouragement, shall have half a pilot’s 
allowance. - r 

Of Convoys. 

A commander, appointed to convoy the trade of his Majesty’s subjects 
must give necessary and proper instructions, in writing, and signed by 
himself, to all the mastered merchant-ships under his protection. ^ 
He is to take an exact list, in proper form, containing the names of all 
the ships and vessels under his convoy; and send a copy thereof to the 
secretary of the admiralty before he sails. 

so todo UOt ,0 recdve an> gratification, nor suffer any one else in the ship 

,' s n< ? t0 chase , out of S1 'ght of his convoy, but be watchful to de¬ 
fend them from attack or surprise; and, if distressed, to afford them all 
necessary assistance. 

Il the master of a ship shall misbehave himself, by delaying the con¬ 
voy, abandoning the same, or disobey the established instructions the 
commander is to report him, with a narration of the fact, to the secretary 
ot the admiralty, by the first opportunity. ^ 

He is to carry a top-light in the night to prevent separation. 

The Commander-m-chief may order his signals to be repeated by as 
shl P. s .£ f war * under bls command, as he shall think fit ^ 

When different convoys set sail at the same time, or join at sea thev 
are to keep company so long as their courses lie together: and, when It 
Urns happens, the eldest commander of a convoy shall command in the 
first post, the nex eldest m the second, and so on: nor is any nr"va e 
captam to take umbrage hereat, as it is not intended to his prejudice but 

to preserve order while they are together. F J ' 

rPcn°T mander f ° f j ifferent convo J s are to wear ihe lights of their 
officers^ 6 ' P ° ’ and fepeat the Slgnals in ° rder ’ as 15 ^ one b y fla g“ 

separation^ “* ‘° divisi ° ns ’ and P ro P er s! S na,s are to be made at 

ti* C £T> d T- of , conv °J: s are t0 tak e under their care all such ships of 
to ™r ty * frl6ndS ° r 3 165 W ' 0Se tosters shal! desire il ' and be ready 


Of 




IN THE ROYAL NAVY. 


47 


Of Hospital-Ships. 

In hospital-ships, the gun-deck is entirely set apart for the reception of 
the sick ; it is to be* flush, without Cabins or bulk-heads, except a deal or 
canvass one, for separating such as have malignant distempers; it is to 
contain the necessary cradles and bedding ; two pair of checquered linen 
sheets are allowed to each bed; and scuttles must be made for inlets of 
the air. 

In an hospital-ship there is allowed a physician, surgeon, four males, 
six assistants; a servant to the surgeon, a baker, and tour washermen. 

The captain of an hospital-ship is to subsist the men under cure out of 
the newest and best provisions of the ship, and with fresh meat as often 
as may be. 

When the sick are so well recovered as to return to their own ships, 
upon a signal given, and waft, their captain is to send a boat for them. 

The Physician. 

The physician is to reside in the hospital-ship, if any, or in such other 
as the commander-in-chief shall appoint. 

He is to visit the sick in the ships of the squadron or division he 
belongs to, as often as is necdflil, together with the surgeon of the ship. 

He may (with the approbation of the admiral or,commander-in-chief) 
inspect the chests of the surgeons of the squadron, and destroy all such 
instruments and drugs as are unfit for use; he may examine their journals 
and method of practice; anu, if irregular, he is to report them to the 
commander-in-chief. 

He is to observe the admiral’s orders, and demand no fees from his 
patients. 

Of Gratuities to the Relations of Officers , and others, slain in Fight with 

the Enemy . 

To a widow is allowed a full year’s pay, according to the post her 
husband served in at his death. 

Orphans, each the one-third proportion of a widow; and posthumous 
children are esteemed orphans. 

Orphans married are not entitled to any bounty. 

If there be no widow, a mother (if a widow, and above fifty years 
of age) is entitled to a widow’s share. 

The relations of officers of fire-ships are entitled to the same bounty as 
those of officers of like rank in fourth rates. 

Captains are to set down the names of the slain at the end of the mus¬ 
ter-books, and on what occasion. 

This bounty extends unto those who are slain in tenders, in boats, or 
on shore, as well as to those on-board the ships; also to those who are 
slain in fight with pirates, or in any encounter with the ships of friends 
by mistake, also those who die of their wounds after battle, are all 
esteemed as persons slain. 

Of Gratuities to Officers wounded in Fight with the Enemy, and to Officers 
hurt in the Service. 

If an officer receives a wound that shall occasion die loss of an eye or 
a limb or the total loss of the. use of a limb; or that (upon certificate 
frojn the surgeons company in London) shall be in effect of equal preju¬ 
dice to the habit of the body, with the loss of a limb; he shall receive 
one full year’s pay, and shall be allowed such expenses relating to the 

- „ cure 




48 


INSTRUCTIONS FOR THE OFFICERS 


cure (if not performed at his Majesty’s expense) as shall be certified rea¬ 
sonable by the said company; he shall also continue in pay touring the 
v time of his cure. 

With respect to the year’s gratuity, ships under the third rate are to be 
esteemed as such. 

Volunteers are also entitled to the same bounty as lieutenants. 

If the wounds received do not amount to the loss of a limb, nor are 
of equal prejudice to the body, the charges of cure are only allowed, 
and the continuance of pay as aloresaid. 

Under the term, wounded in tight, is comprehended all the .several 
cases relating to those slain in fight; and those, so wounded, are paid .the 
gratuity, on application to the navy-board. „ 

Inferior officers or seamen, hurt, maimed, or disabled, in the service, 
by certificate signed by the captain, lieutenant, master, surgeon, and 
one or more warrant-officers of the ship, expressing the nature of the 
hurt, &c. are entitled to the benefit of the chest at Chatham, according 
to the rules and constitutions thereof. 

Of Pensions to superannuated Officers. 

Boatswains, gunners, carpenters, pursers, and cooks, (whose employ¬ 
ments are constant,) must serve full fifteen years; masters and surgeons, 
(whose employments are not constant,) eight years in their respective 
offices, before they are entitled to superannuation. 

Officers applying for superannuation are to be examined by the physi¬ 
cians of the sick and wounded, (or, in default of that commission, by 
the physician of Greenwich-hospital,) in conjunction wfith the surgeons 
company/ who are to report their opinion (in writing) of their incapa¬ 
city to serve his Majesty. 

Officers, whose employments are constant, being admitted to super¬ 
annuation, receive an annual pension, equal to their pay in the ship of 
the highest rate they have served in. 

The pensions of masters are equal to half their pay; and surgeons are 
allowed the same pensions as masters of equal rates. 

Commission-officers, worn out and disabled in the service, are consi¬ 
dered as their cases may deserve, and as his Majesty shall think fit. 

An Extract of some Instructions relating to the Navy. 

Volunteers, repairing on-board within the limits prescribed, are en¬ 
titled to conduct-money, to wages from the day of their entry, to victuals 
from the time of their appearance, and to an advance of two months 
wages, before the ship proceeds to sea. 

- At their coming on-board, they may be supplied with slop-clothes. 

Seamen, not turned over by order of admiralty, but who shall volun¬ 
tarily go or enter in exchange for others discharged at their owui request, 
are not entitled to any advance-wages. 

Two months wages in six are allowed to be paid to inferior officers and 
seamen, if the ship is in any port of Great Britain, or or^ the coast 
thereof, and not under orders to be paid off. 

But, if the ship is in any foreign parts, the same may be paid to the 
attorneys of such as shall desire it; and this is to be done every six 
months, while the ship is in commission. 

Notwithstanding what is above observed in regard to inferior officers 
and seamen, it is directed, that, if the ship shall be in any port of Great 
Britain, or on the said coasts, at the end of eighteen months, the whole 



IN THE ROYAL NAVY. 


49 


ship’s company shall receive twelve months pay, including the advance* 
it any ; and the same to be repeated every eighteen months. 

Second masters, surgeon’s mates, cook, armourer, gunsmith, school¬ 
master, master-at-arms, corporal, and sail-maker, are termed inferior 
officers, and all others who have not commission or warrant. 

When inferior officers or seamen are turned over from one ship to ano¬ 
ther, the captain must not take them in worse quality than they served in 
the ship removed from; those also are entitled to two months wages 
advance ; but, if there be more inferior officers than the establishment 
of the ship allows, the secretary of the admiralty must be therewith ac¬ 
quainted. 

A captain/ ordered to turn over his men, mast deliver a list of their 
names and qualities to the captain of the ship they are removed into: on 
such removal, they are entitled to their wages, as well as to the two 
months wages advance. 

If a ship may by accident be disabled, so that her whole-ship’s com¬ 
pany be removed into another, that is not esteemed a turning over. 

Volunteer seamen are to be discharged, on procuring preferment in any 
other of his Majesty’s ships; the captain receiving him giving a good 
man in his room. 

No letter of attorney is valid, unless made revocable, and attested by 
the captain or commander, and another of the signing officers of the ship 
to which they belong ; or by the clerk of the check of some of the dock¬ 
yards, or by the mayor or chief magistrate of some corporation. 

Captains are to discourage seamen from selling their wages; and not 
to attest letters of attorney, if the same appear granted in consideration 
of money given for the purchase of wages. 

Tickets of deceased seamen are to be sent to the navy-board by every 
safe conveyance; so that the wages may be paid to the executors, &c. of 
the deceased. 

Seamen, unavoidably distressed in foreign parts, on proper application, 
are to be received on-board any of his Majesty’s ships; and the captain 
is to bear as many as come withm his complement for wages and victuals, 
and the rest for victuals only ; these supernumeraries he is to put on-board 
any others of his Majesty’s ships he may meet with that are short of their 
complement; but, if he meet with none, they are then to be set on-shore 
at any port of Great Britain bound unto. 

An Establishment of Sea-Wages, and of the Number of Officers allozced to 


^ O' 7 ^ ^ ^ 

his Majesty’$ Ships. Per diem. 

of, . s. d. 

/ ~T^HE pay of the admiral and commander-in-chief of the 
X fleet is — — — — — — — —- — 5 0 0 

Of an admiral — — — — — ~ — — — 310 0 

Of a vice-admiral — — — — — — — — — 210 0 

Of a rear-admiral — — — — — — — — — 115 0 


The first captain to the admiral and commander-in-chief of the fleet 
shall have the pay of a rear-admiral. The second captain to the said 
admiral, and the captains to other admirals, shall be allowed the pay of 
a captain of a first rate. 

The captains to vice-admirals shall be allowed the pay of a second 
rate, and the captains to rear-admirals the pay of a third rate. But it a 
vicespr rear-admiral serve in a ship of the first or second rate, the cap¬ 
tain shall have the proper pay of the ship. 

E Flag- 







50 


ESTABLISHMENT OF SEA-WAGES 


Flag-officers are to give certificates to their captains of the number of 
days they have served under them, that they may be paid accordingly. 


of pay. 


viz. 


The secretary of the admiral of the fleet — — — — 

Of the admiral of the white or blue, commander-in-chief 
Of a vice or rear admiral, commander-in-chief — — 

Of a commander-in-chief with a captain under him — 

But if they serve under flag-officers, not having the chief 
command, then they are allowed as follows : viz. 

Clerks of the admiral of the white or blue — — — 

\Clerks of vice and rear-admirals — — — — 1 — 

Which salaries are to be in full of all allowance whatsoever, as well 
for themselves as for all persons employed under them, and to be paid 
upon certificates from the flag-officers under whom they serve. 

Per diem. 


Per annum. 

of. 

s. 

d. 

300 

0 

0 

200 

0 

(J 

150 

0 

0 

100 

0 

0 

100 

0 

0 

50 

0 

0 


cf. 


d. 


The pay of a physician to the fleet or squadron, when any is 

appointed, is — — — — -— — — — — 100 

The pay of a deputy-treasurer to the fleet or squadron, when 

any is appointed — — — — —- — — ■— 068 

To a deputy judge-advocate, when a court-martial requires 

his assistance, per day, during the time the"court subsists 0 8 0 

To provost-martial, in the like case — — — — — 040 

To a school-master, beside his pay of a midshipman, according 

to the rate of the ship in which he serves, per year — 20 0 0 


Per mensem. 


Midshipman ordinary — — — — — -— — — 1 4 0 

Cook’s mate — — •— — — — — — — — 1 40 

Coxswain’s mate — — — — — — —- — —- 1 40 

Yeoman of boatsdvain’s store-room — — -— — — 1 40 

Swabber — — —- — — — — — — -— 1 40 

Cooper — — — •— — — — — — — ,1 40 

Able seaman — ,— — — — — — —- — — 1 40 

Captain’s cook —- — — — ■— — — — — 1 40 

Ordinary trumpeter •— —■ — — — — — — 1 40 

Volunteer, per order •— — — >— — — — — 0190 

Ordinary seaman — — — — — -— — — — 019 0 

Shifter-- --019 0 

Barber — — — — — — — — — — — 0190 

Gunner’s tailor — — — — —* — — — — 019 0 


Flag-officers are to commence pay from the date of their commission, 
or orders to repair to-their squadron, and to continue in pay to the day 
that they strike their flag by order, or that it is signified to them the expe¬ 
dition is ended. 

Captains and lieutenants shall commence pay from the date of their 
commissions, unless they are appointed in the place of an officer re¬ 
moved, who is to enjoy his pay until he is relieved by his successor. 

A lieutenant succeeding to the command of a ship upon the death of 
the captain, in foreign parts, shall receive the pay and allowance of a 
captain, until he is superseded by another captain appointed to command 
her. 

All 

















IN THE ROYAL NAVY. 51 

All commissions to captains and lieutenants must be entered in the 
navy-office. 

Commission or warrant officers quitting their employment abroad, with¬ 
out such reasons as shall be satisfactory to the lord-high-admiral, or lord£ 
commissioners of the admiralty, shall be dismissed from the service. 

Hi a Majesty having, by Order of Council, dated May 3, 1797, granted an 

Increase of Pay and Provisions to the Seamen and Marines serving in the 

Royal Navy, the following is an Abstract of so much of 37 Geo. Ill, 

Cap. 53, as confirms the said Grant, and specifies the several Additions. 1 

1 . Addition to ihe preceding establishment of sea-xvages. — Petty officers, 
and able seamen have an addition of 5s. 6 d. per month ; ordinary sedmen 
4s. 6 d. per month; landmen 3s. 6 d. per month; and marines have con¬ 
tinued to them, when serving on-board, the allowances usually called 
consolidated allowances made to marines when serving on-shore, viz. ser- 
jeants, corporals, and drummers, two-pence, and privates two-pence 
farthing, per day. And full allowance of provisions are to be issued to 
the crews of his Majesty's ships, without any deduction whatsoever, on 
account of leakage or waste. 

2. Wounded petty officers, seamen, Sfc. — Petty officers, seamen, or 
marines, wounded in action with >the enemy, are to receive the full 
amount of their wages and allowances until their wounds shall be healed, 
or until, being declared incurable, they shall receive a pension from the 
chest at Chatham, or be admitted into Greenwich-Hospital. 

The following page contains a table of the pay of the royal navy; in 
addition to which it may be observed that lieutenants to flag-ships, bear- ' 
ing abroad pendant by authority, are allowed 5s. 6 d. per day. 

The pay ol the surgeon of an hospital-ship is-c£lO per month; of a 
convalescent-ship, receiving-ship, and slop-ship, <£7. 

The masters of armed-ships and tenders receive £$> per month 5 
master’s mates of the same £2 ; and carpenters, £'2, 



5 * 

PAY OF THE ROYAL NAVY IN EACH RATE. 

OFFICERS. 

ift Rate. 

2d Rate. 

3d Rate. 

4th Rare 

5th Rate. 

6th Rate. 

Captain, per day — 

£• '• * 
100 

£• '»• d ‘ 
0 16 0 

£> s . d . i 
0136 

1 T "~ 

0 10 0 

r. s . d . 
080 

£■ >. a. 

©So 

Lieutenant, per day, 

° 5 0 

050 

050 

050 

050 

050 

Master, per month - 
2d Master and Pilot 
Pilot of Yachts — 

920 

4 10 0 

3 iocach, 

880 

4 10 0 

per month 

760 

4 10 0 

6120 

628 

5OO 

Chaplain, per month 

0 19 in all rates 





Master’s Mates — 
Midshipman — —. 
Schoolmaster * « — 
Captain’s clerk — 
Quartermaster — 

Quartermaster’s mate, 

360 

250 

2 c 0 
250 

1 15 0 

1 10 0 

300 

200 

200 

200 

1 15 0 

1 10 O 

2162 

1 17 6 

1 17 6 

1 17 6 

1 12 0 

180 

2 7 TO 

I J 3 9 

1 13 9 

1 13 9 

1 10 0 

180 

220 

X 10 0 

r 10 0 

1 10 0 

180 
160 

2 2 0 

I IO O 

1 10 0 
160 

1 ^ © 

Boatswain —. — 
Boatswain’s mate — 
Yeoman of the sheets, 
Coxswain *— — 
Master-sailmakcr — 
Sail-maker’s mate — 
Sailmaker’s crew •— 

400 

1150 

1 12 0 

r 12 0 

1 15 © 

180 

1 5 0 

3 ro 0 

1 15 0 

I TO 0 

1 10 0 

1 15 0 

180 

1 5 0 

300 

1 12 0 

1 8 0 

180 
r 15 0 

1 8 0 

1 5 ° 

2 10 0 

1 10 0 

180 

1 8 0 

1 14 0 
180 

1 5 0 

250 
180 
r 6 0 
160 

1 12 0 

180 

1 5 0 

2 0 0 

T 6 0 

l60 
l60 

I IO 0 

I 8.0 

I 5 O 

Gunner — — — 
Gunner’s mate — 

Yeoman of the pow¬ 
der-room — — 
Quarter-gunner — - 

Armourer — — 

Armourer’s mate — 
Gunfmith — — 

400 

1 15 0 

1 1 ^ 0 

1 6 0 

250 

1 15 0 
r 5 0 

3 10 0 

1 15 0 

r 15 0 
160 
200 

1 15 0 

1 5 0 

300 

1 12 0 

1120 

1 5 6 

1176 

1120 

2100 

1 16 0 

1 10 0 

1 5 0 

1 13 9 

1 10 0 

250 

1 8 a 

180 
r 5 0 
1100 

1 8 0 

2 0 0 
l60 

l60 

1 5 0 

T IO O 
l60 

Carpenter — _ 

Carpenter’s mate — 
Carpenter’s crew — 

• 5 <Jo 

...2 0 0 

160 

4 10 0 
200 
160 

400 

1 16 0 

1 5 0 

2100 

1 14 0 
150 

250 
r 12 0 

1 5 0 

2 0 0 

I IO 0 

I 5 0 

Puffer — — —. 

Steward •— — _ 

Steward’s mate — 

400 

1 5 ' 0 

r 0 8 

3 10 0 

1 5 0 

108 

3 0 0 

1 5 0 
108 

2 TO O 

1 3 4 

1 0 8 

250 

108 

2 0 0 

IOO 

Cook — .— _ 

1 5 0 

1 5 0 

1 5 0 

150 

1 5 0 

I4O 

Surgeon f — _ 

Surgeon's rft mate,.! 

500 

2 10 0 

2 , O G 

I IO O 

500 

2 10 0 

200 

r 10 0 

5 o 0 

2 10 0 

2 0 0 

T 10 O 

500 

2100 

200 

5 o 0 
2100 

5OO 

2 10 0 

; 2 d mate — 
3 d, 4 th, & 5 th, mates, 

Master-af-arms —- 
Caulker — — — 
Caulker’s mate — 

Corporal — .—. — 
Trumpeter — 

2 5 O 

2 0 0 

I 16 O 

1 x 5 0 

1 10 0 

200 

200 

1 16 0 

1 12 0 

180 

r 17 6 

zoo 

1 16 .0 

X 10 0 

1 5 0 

1 !3 9 

2 0 0 
Il6o 
r 10 0 

1 5 0 

1 10 0 

200 

180 

1 5 0 

I IO 0 

1160 

160 

140 

t Surgeons TZ -h + , B ? ides 2d ' P“ S man. 

of the taTInoLTfhL S? y C \ Se ‘ 'c ,nStmraents " ha '"= £S per month in ships 

fifth m”t«, i 3 h,pi ’ £ * per month - Se “"«> ™'«. Li ■■ 10. Third, fourth, and 


, ,. INCREASE - oT"" pay." 

In addition to the above table of nav l lv p,,.,, tit _ 

men have an increase of cs. 6d. per month- ^rdinarj* 1 ' Cap ‘ 53 ’ Fj ,ty officers and able se: 

men, 3 s. 6 d. per month." M»in«a“" have he «*• P ;r month ’ ■*** 

serving on-board as on sl-orf* • vi* J . ara c allowance continued to them whe 

per day. 1A ndlm^Z'Jc^r^- 9 cor P ora J s > and drummer*, ad. and private, a*, 
The any deduction for ,aa? or ler.4 

firming the grant. May 9 , x -q-, 7 • ®*_ tc d May and ihe act above-mentioned, cor 

































































































OFFICERS IN EACH RATE OF THE ROYAL NAVY. 53 

NUMBER OF 'OFFICERS IN EACH RATE. 


NUMBER OF OFFICERS IN EACH RATE. 


OFFICERS. 

V 

X 

a> 

r: 

& 

"C 

cS 

* 

CT) 

4th Rate. 

1 -aaetf q jS 

6th Rate. } 

ol 

K 

to to 

Hospital-Sh. j 

5th Rate’s P. j 

Stoic-Ships, J 

5th Rate’s P. ! 

| Sloops, 100 j 

to 60 Men, 1 

1 6rh Rate’s P. j 

!•» 

D 

> of: 
!o 

#-« u c: 

5 '*~L 

< 

Yachts of 50 

Men,6thR.P. 

2* 
0 « 

•'J-vO 

w C 
“ V 

•Ss 

£ 2s 

Captain —. — 

r 

T 

I 

1 

1 

1 

I 

1 

1 

r 

I 

I 

r 

Lieutenant — — — 

8 

8 

*5 

4 

3 

2 

I 


1 

1 




Master — ■— . 

1 

1 

1 

1 

1 

J 


1 

1 





Second Master and Pilot 














of yacht — — 

1 

1 

1 









1 

1 

Master’s mate — — 

6 

4 

3 

2 

2 

1 

I 

I 

1 

1 

I 



Midshipman —- — 

2 4 

24 

16 

ro 

6 

4 

2 

2 

2 

2 

X 

1 

1 

Schoolmaster — — 



1 

1 

1 









Captain’s clerk — — 

T 

1 

1 

1 

1 

1 

I 

1 

1 

1 

I 

1 

1 

Quartermaster — — 

8 

8 

6 

4 

3 

2 

2 

2 

2 

2 

X 

1 

1 

Quartermaster’s mare — 

6 

6 

4 

4 

3 

2 

I 

1 

I 

1 


1 


Boatswain — — 

1 

1 

1 

1 

1 

1 

I 

1 

I 

1 

I 

1 

1 

Boatswain’s mate — 

4 

4 

2 

2 

r 

1 

I 

1 

I 

1 

I 

1 

1 

Yeoman of the sheets —- 

4 

4 

4 

2 

2 

1 








Coxswain — — — 

1 

T 

1 

1 

1 

1 

I 

1 

I 

1 




Mastcr-sailmaker — 

1 

I 

1 

1 

1 

1 

I 

1 

I 

I 

I 



Sailniaker's ma;e — — 

1 

I 

1 

r 

1 

1 








Sailmakcr’s crew — — 

2 

2 

2 

2 

1 

1 

I 

1 

I 

1 




Gunner , — — _ 

i 

I 

r 

1 

1 

1 

I 

1 

I 

1 

I 

1 

1 

Gunner's mate — — 

4 

4 

2 

r 

1 

1 

I 

£ 

I 

1 

I 

1 

1 

Yeoman of the powder- 

1 

r 












room — — — 

2 

2 

2 

1 

1 


I 

X 

I 

X 


1 


Quarter-gunners f- — 

* 

* 

* 

* 

* 

* 



2 

1 


1 


. ArmourerJ — — — 

1 

I 

1 

1 

1 

i 

I 

1 

I 

1 

X 



Gunsmith — — — 

1 

I 












Carpenter — —- — 

1 

! 

1 

!~ 

1 

1 

1 

1 

I 

I 

I 

1 

1 

1 

1 

Carpenter's mate — — 

2 

2 

1 

r 

1 

1 

I 

I 

I 

1 

1 

1 

1 

Carpenter’s crew—- — 

12 

JO 

8 

6 

5 

4 

I 

I 

r 

2 

2 



Purser - 1 __ _ ___ 

1 

1 

1 

1 

1 









Steward — — — 

1 

1 

j 

1 

1 

1 

I 

I 

1 

1 

1 



Steward’s mate — — 

1 

1 

1 

1 










Cook — —. — — 

1 

1 

1 

1 

i 

i 


I 

1 

1 




Surgeon — — — 

1 

1 

1 

1 

1 

1 

I 

1 

1 

1 

X 

I 

1 

Ernst, 2d, 3d, 4th, and 














5th mates — — - — 

5 

4 

3 

2 

1 



4 

1 

1 




Master-at-arms — — 

1 

1 

1 

j 

1 

1 








Caulker — 

1 

1 

1 

1 

I 

1 




1 




Caulker’s mate — — 

1 

1 

1 

1 










; Corporal — — — 

2 

2 

2 

2 

2 

1 








Trumpeter — —. —. 

1 

1 

, 1 

1 1 

1 

1 









* Six to 8©-gun ships, and the first class of 74’st 
f One to every four guns. 

J Two armotij-ers mates are allowed to all ships from 70 guns upwards, and on? to all 
ships under 70 guns, down to sloops ol 100 men, inclusive. 


E 3 


TABLE 




































































































51. 


PAY-TABLES FOR 


CO 

1=3 

O 

< 

£ 

•s 

1=3 

< 

U 3 

CO 

biO 

e 
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JJ 

"73 

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U. 

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w 

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PQ 

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fcd 

h 

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M M M 






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mm d d d co to 

4 * 4 - NOOQ d no O 4 * 






M M d M 




0 M d CO^QNO M tv 

d * 4*0 00 O O d O NO GO 

M 

0 Od 4 O oo 4*0 

M 

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t/> 


•j; VO 

covo On d NO00 M CO 

NO dOO rh 0 cv CO CN NO M 

tv ^ 4 “ O CO t/VvD 00 0 




M M M 

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rj-oO d tv m no O r-poO 

tv M VO NO 0 \ d NO OO 

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m m d d co co c<» ^ 4 " 

4- CO moQ tv M to 






M M d d 




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4 * 00 O go G '■4-00 G 'qr 

00 0 4 -go 04*00 0 

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CO 



covo O COvO O COVO O 

covO O covo O covO O co 

vO O covo O covo 0 


^ M 

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0 

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m vO 0 m O vD coo 




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co tv m *<4- OO d no Cn co O 

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m d d co m 4 * vt- 

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m m d c 3 


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M M M mm 









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m m cc d co co r}- *<4- no 

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m m d d co 

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d no GO O conO 00 m ^4- vo 

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M M M * MM 

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m m d d c^*» co 4“ *4“ no 

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m m d d co 

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ts w oo i-n M CnNO co O 
m M M cO 4 * 4 * tv 


tO M 00 4 * O VO M 4 “NO 

Mm Mm 

0 O 0 M M M M 4 * NO 




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Cn 


vO <“0 CNVO M Cn to m 0 

M M MM MM 

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M M M d ***> 4* NOVO 















































































































The same Table continued. 


THE ROYAL NAVY. 


55 


5? 

O 

Hi 

w 

Ch 

w 

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jvf 



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1 





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TABLE for calculating SEAMEN’s WAGES in the ROYAL NAVY concluded. 


56 


PAY-TABLES FOR THE ROYAL NAVY. 


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TABLE 









































PAY-TABLES FOR THE MERCHANT-SERVICE. 57 




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N. B. The fractional parts of 2-ioths of a penny, that arise every day in the calculating of 
the wages, in the 3d, 5th, and 7th, columns, are rejected, in the several additions, in compiling 
those columns, when under 6-ioths of a penny, but from 6-ioths to 9-loths of a penny, incla- 
sive, they are reckoned as one penny. 

■ TABLE 



















































































TABLE for calculating SEAMEN'S WAGES, In the Merchant Service, continual 


SS 


PAY-TABLES FOR 


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The above Table concluded. A TABLE shewing the number of months from any one Month in the 

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THE MERCHANT-SERVICE. 


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A TABLE 































































































































































































































A TABLE of Greenmch-Hospital Duty, calculated from 1 MONTH to 30 MONTHS, at 6d. per Month. 



CHAPTER 


















































. ARTICLES OF WAR, 


a 


CHAPTER III. 


ARTICLFS FOR THE REGULATION OF HIS MAJESTY’S NAVY, ESTA¬ 
BLISHED BY ACT OF PARLIAMENT OF 22 CjEO. II. C. 33, GENE¬ 
RALLY called the ARTICLES OF WAR, 

1 . Public worship. 

A LL commanders, captains, and officers, belonging to any of his 
Majesty’s ships or vessels of war, shall cause public worship, ac¬ 
cording to the liturgy of the church of England, to be solemnly, orderly, 
and reverently, performed in their respective ships; and shall take care 
that prayers and preaching, by the chaplains in holy orders of their re¬ 
spective ships, be performed diligently; and that the Lord’s day be ob¬ 
served according, to law. J 

2. Swearing , c\c. — All flag-officers, and all persons belonging to his 
majestys ships or vessels of war, being guilty of profane oaths, cursings, 
execrations, drunkenness, uncleanness, or other scandalous actions, shall 
incur such punishment as a-court-martial shall think fit to impose. 

3. Corresponding with the enemy. — If any officer, mariner, soldier, or 
other person of the fleet, shall give, hold, or entertain, intelligence to or 
with any enemy or rebel, without leave from the King’s majesty, or the 
commissioners ot the admiralty, commander-in-chief^ or his command- 
ing-offieei, every such person, so offending, and being thereof convicted 
by the sentence of a court-martial, shall be punished with death. 

4. Concealing messages, Syc. from the enemy. — If any letter or message 
fiom any enemy or rebel be conveyed to any officer, mariner, or soldier, 
or other in the fleet, and the said officer, mariner, soldier, or other, as 
aforesaid.? shall not, within twelve hours, having opportunity so to do, 
acquaint his superior officer, or the officer commanding in chief, with it; 
or if any superior officer, being acquainted therewith, shall not, in con¬ 
venient time, reveal the same to the commander-in-chief of the squa¬ 
dron, every such person so offending, and being convicted thereof by the 
sentence of the court-martial, shall be punished with death, or such'other 
punishment as the nature and degree of the offence shall deserve and the 
court-martial shall impose. 

5. Spies. — All spies, and all persons whatsoever who shall come, or 
be found, in the nature of spies, to bring or deliver anv seducing letters 
or messages from any enemy or rebel, or endeavour to corrupt any cap¬ 
tain, officer, manner, or other in the fleet, to betray his trust, being 
convicted ot any such offence by the sentence of the court-martial shall 
be punished with death, or such other punishment as the nature and de¬ 
gree of the offence shail deserve, and the court-martial shall impose. 

6 . Relieving an enemy. — No person in the fleet shall relieve an enemy 
or rebel with money, victuals, powder, shot, arms, ammunition, or any 
other supplies whatsoever, directly or indirectly, upon pain of death or 
such other punishment as the court-martial shall think tit to impose and 
as the nature and degree of the crime shall deserve. 

7- ff?P e ™ f° und on-board of prizes. — All the papers, charter^p&rties* 
bi Is ot lading, passports, and other writings whatsoever, that shall be 
taken, seized, or found, on-board any ship or shipsWhich shall be sun 
prized or taken as prize, shall be duly preserved; and the very original* 
shall, by the commanding-officer of the ship which shall take such prize 
be sent entirely, and without fraud, to the court of admiralty, or such 

, other 



€2 


ARTICLES OF WAR. 


other court or commissioners as shall be authorized to determine whether 
such prize be lawful capture,; there to be viewed, made use of, and pro¬ 
ceeded upon according to law; upon pain that every person offending 
herein shall forfeit and lose his share of the capture, and shall suffer such 
farther punishment as the nature and degree of his offence shall be found 
to deserve, and the court-martial shall impose. 

8. Taking goods , fyc. out of any prize , — No person in or belonging to 
the fleet shall take, out of any prize, or ship seized for prize, any money, 
plate, or goods, unless it shall be necessary for the better securing thereof, 
or for the necessary use and service of any of his Majesty’s ships or ves¬ 
sels of war, before the same be adjudged lawful prize in some admiralty- 
court ; but the full and entire account of the whole, without embezzle¬ 
ment, shall be brought in, and judgement passed entirely upon the 
whole, without fraud; upon -pain that every person offending herein 
shall forfeit and lose his share of the capture, and suffer such farther pu¬ 
nishment as shall be imposed by a court-martial, or such court of admi¬ 
ralty, according to the nature and degree of the offence. 

9. Pillaging prisoners. — If any ship or vessel shall be taken as prize, 
none of the officers, mariners, or other persons on-board her, shall be 
stripped of their clothes, or in any sort pillaged, beaten, or evil entreated, 
upon pain that the person or persons so offending shall be liable to such 
punishment as a court-martial shall think fit to inflict. 

10. Officers , fyc. not preparing for fight, or behaving cowardly. —Every 
flag-officer, captain, and commander, in the fleet, who, upon signal or 
order of fight, or sight of any ship or ships which it may be his duty to 
engage, or who, upon likelihood of engagement, shall not make the ne¬ 
cessary preparations for fight, and shall not, in his own person, and ac¬ 
cording to his place, encourage the inferior officers and men to fight cou¬ 
rageously, shall suffer death, or such other punishment as from the nature 
and degree of the offence a court-martial shall deem him to deserve*: 
and, if any person in the fleet shall treacherously or cowardly yield or 
cry for quarter, every person so offending, and being convicted thereof 
by the sentence of a court-martial, shall suffer death. >. 

11. Disobeying orders. — Every person in the fleet, who shall not duly 
observe the orders of the admiral, flag-officer, commander of any squa¬ 
dron or division, or other his superior officer, for assailing, joining battle 
with, or making defence against, any fleet, squadron, or ship, or shall 
not obey the orders of his superior officer, as aforesaid,, in time of action, 
to the best of his power, or shall not use all possible endeavours to put 
the same effectually in execution, every such person so offending, and 
being convicted thereof by the sentence of the court-martial, shall suffer 
death, or such other punishment as from the nature and degree of the 
offence, a court-martial shall deem him to deserve. 

12. Cowardice or negligence in time of action. — Every person in the 
fleet who, through cowardice, negligence, or disaffection, shall, in time 
of action, withdraw, -or keep back, or not come into the fight or engage¬ 
ment, or shall not do his utmost to take or destroy every ship which it 
shall be his duty to engage, and to assist and relieve all and every of his 
Majesty’s ships, or those of his allies, 'which it shall be his duty to assist 
and relieve, every such person so offending, and being convicted thereof 
by the sentence of a court-martial, shall suffer death. 

13. Not pursuing the enemy: — Not assisting a friend. — Every person 
in the fleet, who, through cowardice, negligence, or disaffection, shall 
forbear to pursue the chase of an enemy, pirate, or rebel, beaten or 
flying, or shall not relieve or assist a known friend in view to the utmost 

of 


ARTICLES OF WAR. 


63 


of his power, being convicted of any such offence by the sentence of a 
court-martial, shall suffer death. 

14. Delaying service on account of zvages. — If, when action or any 
service shall be commanded, any person in the fleet shall presume to 
delay or discourage the said acjtioft or service, upon pretence of arrears 
of wages, or upon any pretence whatsoever, every person so offending, 
being convicted thereof by the sentence of the court-martial, shall suffer 
death, or such other punishment as, from the nature and degree of the 
offence, a court-martial shall deem him to deserve. 

15. Deserting or running azvay with ships or stores. —Every person in 
or belonging to the fleet, who shall desert to the enemy, pirate, or 
rebel, or run away with any of his Majesty's ships or vessels of war, or 
any ordnance, ammunition, ^stores, or provision, belonging thereto, to 
the weakening of the service, or yield up the same cowardly or trea¬ 
cherously to the enemy, pirate, or rebel, being convicted of any such 
offence' by the sentence of the court-martial, shall suffer death, 

16. Deserting, or enticing others to desert: — Receiving deserters .— 
Every person in or belonging to the fleet who shall desert, or entice 
others so to do, shall suffer death, or such other punishment as the cir¬ 
cumstances of the offence shall deserve and a court-martial shall judge 
fit. And, if any commanding-officer of any of his Majesty's ships or 
vessels of war shall receive or entertain a deserter from any other of his 
Majesty's ships or vessels, after discovering him to be such deserter, and 
shall not with all convenient speed give notice to the captain of the ship 
or vessel to which such deserter belongs,; or, if the said ships or vessels 
are at any considerable distance from each other, to the secretary of the 
admiralty, or to the .commander-in-chief; every person so offending, 
and being convicted thereof by the sentence of the court-martial, shall 
be cashiered. 

17. — Not taking care of ships under convoy. — The officers and sea¬ 
men of all ships appointed for convoy and guard of merchant-ships, or 
of any other, shall diligently attend upon that charge, without delay, 
according to their instructions in that behalf; and whosoever shall be 
faulty therein, and shall not faithfully perform their duty, and defend 
the ships and goods in their convoy, without either diverting to other 
parts or occasions, or refusing or neglecting to fight in their defenc^if 
they be assailed, or running away cowardly, and submitting the ships in 
their convoy to peril and hazard ; or shall demand or exact any money, 
or other reward, from any merchant or master, for convoying of any 
ships or vessels intrusted to their care, or shall misuse the masters or ma¬ 
riners thereof, shall be condemned to make reparation of the damage to 
the jnerchants, owners, and others, as the court of admiralty shall ad¬ 
judge, and also be punished criminally according to the quality of their 
offences, be it by'pains of death or other punishment, according as shall 
be adjudged fit by the court-martial. 

18. What goods may be taken on-board his Majesty 3 s ships. — If any' 

captain, commander, or other officer of any of his Majesty's ships or 
vessels, shall receive on-board, or permit to be received on-board, such 
ship or vessel, any goods or merchandizes whatsoever, other than for the 
sole use of the ship or vessel, except gold, silver, or jewels, and except 
the goods or merchandizes belonging to any merchant, or other ship, or 
vessel which may be shipwrecked, or in imminent danger of being ship¬ 
wrecked, either on the high seas, or in any port, creek, or harbour, in 
order to the preserving them for their proper owners, and except such 
’ goods 


64 


ARTICLES OF WAR. 


goods or merchandises as he shall at any time be ordered to take or re* 
ceive on-board by order of the lord high-admiral of Great Britain, or 
the commissioners for executing the office of lord high-admiral for the 
time being ; every person so offending, being convicted thereof by the 
sentence of the court-martial, shall be cashiered, and be for ever after¬ 
wards rendered incapable to serve in any place or office in the naval ser¬ 
vice of his Majesty, his heirs, and successors. 

19. Mutinous assemblies: — Uttering seditious or mutinous words .— 
If any person in or belonging to the fleet, shall make, or endeavour to 
make, any mutinous assembly, upon any pretence whatsoever, every 
person offending herein, and being convicted thereof by the sentence of 
the court-martial, shall suffer death. And, if any person in or be¬ 
longing to the fleet shall utter any words of sedition or mutiny, he shall 
suffer death, or such other punishment as a court-martial shall deem him 
to deserve. Aud, if any officer, mariner, or soldier, in or belonging to 
the fleet, shall behave himself with contempt to his superior officer, such 
superior officer being in the execution of his office, he shall be punished 
according to the nature of his offence by the judgement of a court- 
martial. 

20. Conceding mutinous practices or words . — If any person in the 
fleet shall conceal any traitorous or mutinous practice or design, being 
convicted thereof by the sentence of a court-martial, lie shall suffer 
death, or such other punishment as a court-martial shall think fit; and 
if any person, in or belonging to the fleet, shall conceal any traitorous or 
mutinous words spoken by any to the prejudice of his majesty or govern¬ 
ment, or any words, practice, or design, tending to the hindrance of the 
service, and shall not forthwith reveal the same to the commanding- 
officer, or, being present a.t any mutiny or sedition, shall not use his 
utmost endeavours to suppress the same, he shall be punished as a court* 
martial shall think he deserves. 

21. Of complaints to the superior officers. — If any person in the fleet 
shall find cause of complaint of the unwholesomeness of the victuals, or 
upon other just ground, he shall quietly make the same known to his 
superior, or captain, or commander-in-chief^ as the occasion may de¬ 
serve, that such present remedy may be had as the matter may require; 
and the said superior, captain, or commander-in-chief, shall, as far as he 
is able, cause the same to be presently remedied ; and no person in the 
fleet, upon any such or other pretence, shall attempt to stir up any 
disturbance, upon pain of such punishment as a court-martial shall think 
fit to inflict, according to the degree of the offence. 

22. Striking or disobeying, 6?c. a superior officer. — If any officer, 
mariner, soldier, or other person, in the fleet, shall strike any of his 
superior officers, or draw, or offer to draw, or lift up any weapon against 
him, being in the execution of his office, on any pretence whatsoever, 
every such person, convicted of any such offence by the sentence of a 
court-martial, shall suffer death; and, if any officer, mariner, soldier, or 
other person, in the fleet, shall presume to quarrel with any of his supe¬ 
rior officers, being in the execution of their office, or shall disobey any law¬ 
ful command of any of his superior officers, every such person, being con¬ 
victed of any such offence by the sentence of a court-martial, shall suffer 
death, or such other punishment as shall, according to the nature and 
degree of his offence, be inflicted upon him by the sentence of a court- 
martial. 

23. Quarrelling. — If any person in the fleet shall quarrel or fight 
with any other person in the fleet, or use reproachful or provoking 

speeches 


ARTICLES OF WAR. 6$ 

speeches or gestures, tending to make apy quarrel or disturbance, he 
shall, upon being convicted thereof, suffer such punishment as the 
offence shall deserve and a court-martial shall impose. 

2 k Wasting or embezzling of stores. — There shall be no wasteful ex¬ 
pense of any powder, shot, ammunition, or other stores, in the fleet, nor 
any embezzlement thereof; but the stores and provisions shall be care¬ 
fully preserved, upon pain of such punishment to be inflicted upon the 
offenders, abettors, buyers, and receivers, (being persons subject to 
naval discipline,) as shall be, by a court-martial, found just in that be¬ 
half. 

25. Burning ships or stores not of an enemy. — Every person in the- 
fleet, who shall unlawfully burn or set fire to any magazine or store of 
powder, or ship, boat, ketch, hoy, or vessel, or tackle or furniture 
thereunto belonging, not then appertaining to an enemy, pirate, or 
rebel, being convicted of any such offence by the sentence of a court- 
martial, shall suffer death. 

26. Neglect in conduct and steering. — Care shall be taken in the con¬ 
ducting and steering of any of his Majesty's ships, that through wilful¬ 
ness, negligence, or other defaults, no ship be stranded, or run upon 
any rocks or sands, or split, or hazarded, upon pain that such as shall 
be found guilty therein be punished with death, or such other punish¬ 
ment as the offence by a court-martial shall be judged to deserve. 

27. Sleeping upon natch, fyc. — No person in or belonging to the 
fleet shall sleep upon his watch, or negligently perform the duty im¬ 
posed xm him, or forsake his station, upon pain of death, or such other 
punishment as a court-martial shall think fit to impose, and as the cir¬ 
cumstances of the case shall require. 

28. Murder. — All murders, committed by any person in the fleet, 
shall be punished with death by the sentence of a court-martial. 

29. Sodomy. — If any person in the fleet shall commit the unnatural 
and detestable sin of buggery or sodomy, with man or beast, he shall be 
punished with death by the sentence of a court-martial. 

30. Bobbery. — All robbery, committed by any person in the fleet, 
shall be punished with death, or otherwise, as a court-martial, upon 
consideration of circumstances, shall find meet. 

3 1. false musters. — Every officer or other person in the fleet, who 
shall knowingly make or sign a false muster or muster-book, or who 
shall command, counsel, or procure, the making or signing thereof, or 
who shall aid or abet any other person in the making or signing thereof, 
shall, upon proof of any such offence being made before a court-martial, 
be cashiered, and rendered incapable of farther employment in his Ma¬ 
jesty’s naval service. 

32. Not apprehending criminals. — Perjnitting escapes , — No provost- 
martial belonging to the fleet shall refuse to apprehend any criminal 
w'hom he shall b"e authorized by legal warrant to apprehend, or to re¬ 
ceive or keep any prisoner committed to his charge, or wilfully suffer 
him to escape, being once in his custody, or dismiss him without lawful 
order, upon pain of such punishment as a court-martial shall deem him 
to deserve; and all captains, officers, and others, in the fleet, shall do 
their endeavour to detect, apprehend, and bring to punishment, all 
offenders, and shall assist the officers appointed for that purpose thereiq 
upop pain of being proceeded against, and punished by a court-martial, 
according to the nature and degree of the offence. 

33. Scandalous behaviour of officers. —If any flag-officer, captain, or 
commander, or lieutenant, belonging to the fleet,, shall be convicted, 

F before 


6 $ 


REGULATIONS OF THE WAGES 

before a court-martial, of behaving in a scandalous, infamous, cruel. 
Oppressive, or fraudulent, manner, unbecoming the character of an 
officer, he shall be dismissed from his Majesty’s service. 

34. Mutiny, desertion, or disobedience, on shore. — Every person, be¬ 
ing in actual service and full pay, and part of the crew in or belonging 
to any of his Majesty’s ships or vessels of war, who shall be guilty of 
mutiny, desertion, or disobedience to any lawful command, in any part 
of his Majesty’s dominions on shore, when in actual service relative to 
the fleet, shall be liable to be tried-by a court-martial, and suffer the like 
punishment, for every such offence, as if the same had been committed 
at sea, on-board any of his Majesty’s ships or vessels of war. 

35. Crmes committed on shore. — If any person, who shall be in actual 
service and full pay in his Majesty’s ships or vessels of war, shall commit, 
upon the shore, in any place or places out of his Majesty’s dominions, 
any of the crimes punishable by these articles and orders, the person so 
offending shall be liable to be tried and punished for the same, in like 
manner, to all intents and purposes, as if the said crimes had been com¬ 
mitted at sea on-board any of his Majesty’s ships or vessels of war. 

36. Other crimes, punished according to the custom of the navy. — All 
other crimes, not capital, committed by any person or persons in the fleet, 
which are not mentioned in this act, or for which no punishment is here 
directed to be inflicted, shall be punished according to the law's and cus¬ 
toms in such cases used al^ea. 

Provided always. That no person, convicted of any offence, shall, bv 
the sentence of any court-martial, to be holden by virtue of this act, be 
adjudged to be imprisoned for a longer term than the space of two years. 

* 


CHAPTER IV. 

REGULATIONS RELATIVE TO THE WAGES OF OFFICERS, SEAMEN*, 
&C. IN HIS MAJESTY’S SERVICE* 

Abstract of Acts of Parliament now in force relating to the Payment of the 
[Pages of Petty-Officers and Seamen, Non-commissioned Officers of Ma¬ 
rines, and Marines, serving in the Royal Nary of Great Britain. — 
31 Geo. II. c. 10; 3 Geo. III. c. 16;' 26 Geo. III. c. 63; 32 Geo. 
III. c. 33, 34, and 67. 

1. Entry of volunteers : — Advance-money . 

E VERY volunteer, entering his name with any officer appointed for 
entering volunteers, is entitled to wages from the date of his entry, 
provided he appear on-board his ship within fourteen days thereafter. If 
his ship shall be distant more than one hundred miles, he is allowed 
twenty days to join it, and thirty days if the distance exceed two hun¬ 
dred miles; he is likewise entitled to the usual conduct-money, and to 
two-months advance-wages at the first fitting out of the ship, which shall 
be paid before it proceeds to sea; and all petty officers, seamen, and 
marines, are entitled to the like advance of two months wages before 
the ship of which they are on-board shall sail, in case they have not 
received the same before. —31 Geo. II. c. 10. 


2, Payment 




I 


OF THE ROYAL NAVY, 


67 


n Payment of tickets and zvage's. — As often as any ship, which shall 
have been in sea-pay twelve calendar months, or more, shall be or arrive 
in any port of Great Britain, or on the coast thereof, the captain or com¬ 
mander shall immediately cause five complete pay-books to be made out 
for all the time such ship shall have been in pay, except the last six 
months; and shall forthwith transmit such book, together with three 
alphabets and a slop-book, to the navy-board ; and, as soon as such ship 
shall be or arrive in any port of Great Britain where there is a commis¬ 
sioner of the navy, the said commissioner of the navy shall cause pay¬ 
ment to be made of the wages due, deducting the advance-money and 
all defalcations, and leaving always the wages due for the last six months, 
and for the time employed in preparing the books, unpaid, and no more ; 
and all the wages due upon any ship shall be paid as soon as may be, or 
within two months at farthest, after the arrival of such ship in port to be 
laid up. — 31 Geo. II. c. 10; 32 Geo. III. c. 34. 

3 Payment of absentees ziages. — If any inferior officer, seaman, or 
marine, who shall, at the payment of his ship, have been absent upon 
leave, or upon any detached service,* or from having been taken by the 
enemy, or cast away, shall make application for payment of his wages in 
person, or through his commander, to the navy-board, or to any com¬ 
missioner of the navy at any port of Great Britain where any commis¬ 
sioner may be and reside, such commissioner or commissioners shall cause 
the said ship's books, or extracts or lists made from the same, to be sent 
to whichever of the above places the party may be, and the wages 
forthwith to be paid: but, if his ship shall not be paid, and he shall be 
left behind upon any detached service, when it proceeds to sea on 
foreign service, tickets, (upon application from the captain of the ship 
on-board of which he shall be ordered to serve,) shall be made out from 
the muster-books, but which shall not be payable until such ship shall 
come in course of payment, or until he shall be regularly discharged 
therefrom. When the pay-books are closed, tickets shall, upon appli¬ 
cation, be made out at the navy-office to the,inferior officers, seamen, 
and marines, who shall not have received their wages, and such tickets 
shall be paid in course once a month. — 31 Geo. II. c. 10; 32 Geo. 
III. c. 33. 

4. Payments to persons discharged or run; and to persons captured or 
cast aivay. — Every petty-officer, seaman, or marine, w'ho shall be in 
any way discharged from any ship, shall receive, from his captain or 
commander, a certificate of his time and service (blank copies of which 
certificates shall be issued, to all captains and commanders, by the com¬ 
missioners of the navy, when they shall demand the same); and no infe¬ 
rior officer, seaman, or marine, shall receive any wages, nor shall such 
wages be paid to his order, or to his power of attorney, or to his heirs 
or executors, unless such certificate be produced, or unless he shall be 
identified by a commissioned or warrant officer who belonged to the ship 
at some part of the time of his service. If he shall have been taken by 
the enemy, or cast away, he shall not be paid his wages, unless he shall 
have appeared to have entered again on-board of a king’s ship in a rea¬ 
sonable time thereafter, or unless, in any of these cases, he shall shew 
a reasonable cause for not complying with such directions to the commis¬ 
sioner comptrolling, and the clerk of the treasurer then paying; and 
wages, due to any person who shall be marked upon the ship’s books to 
have run from the service, shall not be payable unless such mark shall be 
. taken off by order of the commissioners oi the navy,— ^2 Geo, III. c. 34 
and 67. 

5. Pay 


F 2 


REGULATIONS OF THE WAGES 


6S 

/ 

5. Pay to persons turned over in Great Britain. — Every inferior officer 
or seaman, who shall be turned over when at a port of Great Britain 
where a commissioner of the navy may be, shall be paid for the ship 
from which he ^hall be so removed, before that into which he shall go 
proceeds to sea, unless otherwise ordered by the admiralty, in cases of 
the greatest exigency only; in which case the wages shall be paid as 
soon as such ship shall come again into any port of Great Britain where 
there shall be a commissioner ot the navy. — SI Geo. II. c. 10. 

6. Pay to persons turned over abroad. — When any inferior officer, 
seaman, or marine, shall be removed from one ship to another while 
abroad, or where no commissioner of the navy shall reside, he shall re¬ 
ceive a remove-ticket for the time that he shall have served in the ship 
from which he shall be turned over, which shall not be saleable or trans¬ 
ferable ; but for which he may receive payment, by applying in person 
at any one of the pay-offices in London, Portsmouth, Plymouth, or 
Chatham, provided he shall appear to have regularly entered, and to 
have been three times mustered, in the ship into which he was turned 
over, or appear upon the books to have been regularly discharged there¬ 
from.— 32 Geo. III. c. 33. 

7. Persons discharged as unserviceable or into siclc quarters. — If he shall 
be discharged from his ship unserviceable at home or abroad, or be sent 
sick into any hospital or sick quarters at home or abroad, he shall receive, 
from his captain or commander, a ticket in like manner; and if, aftet 
being received into any such hospital or sick quarters, he shall be dis¬ 
charged unserviceable therefrom, he shall also receive from the agent of 
such hospital a certificate of his discharge; and, upon presenting such 
ticket and discharge from such hospital, at any of the pay-offices above- 
mentioned, together with a certificate of his having received no wages 
for his services on his passage home, if he shall have come home in a 
packet or merchantman, he shall receive payment thereof, and shall be 
sent by the commissioner to the nearest hospital, where he shall be re¬ 
ceived and victualled from the time of presenting his ticket till he be 
paid; and, if he shall be or arrive in any other part of Great Britain or 
Ireland, he shall present his tickets and certificates to any collector of the 
customs, collector of the excise, receiver-general of the land-tax, or 
clerk of the check, who may be or reside at that place ; and the said col¬ 
lector, receiver, or clerk of the check, being satisfied as to his identity, 
shall forward the said tickets and certificates to the commissioners of the 
navy in London, who will return a bill for the amount of the wages due 
thereon, aiid which bill shall be payable by such collector or receiver, in 
the manner more particularly described in the ninth clause of this ab¬ 
stract. If any such remove-tickets should be unavoidably lost or de¬ 
stroyed, the party shall receive payment upon the duplicate of the same, 
which shall have been sent to the navy-board by the commander of the 
ship for which it was made out; and, if both parts should be so lost or 
destroyed, the party or his heirs shall be entitled to. receive whatever 
shall be due to them upon other tickets, to be made out from the muster- 
books, or- upon the ship's books, if the' ship shall then be paid for the 
time. If the petty officer, seaman, or marine, who shall have been 
sent sick, as aforesaid, to any hospital or sick-quaiters, shall be dis¬ 
charged therefrom, to return to his ship, he shall leave his ticket with 

’•the agent; but, if he shall be discharged to go on-board any other ship, 
lie .shall carry his ticket with him, but which shall not be payable until 
lie shall be discharged therefrom ; and when such petty officers, seamen, 
and marines, shall be at any time sent sick on shore, the agent of the 

hospital. 


OF THE ROYAL NAVY. 


6$ 

hospital,, or sick quarters, shall make out a list containing their names 
and numbers at which they stood in the ship’s books, to which he shall 
procure thesignature-of the officer who conducted them on shore, and as 
soon afterwards as possible that of the captain or commander of the ship 
horn which they wffe sent. — 32 Geo. III. c. 33. 

8. Persons dying on-board. — When any inferior officer, seaman, or 
marine, shall die on-board, a dead-ticket shall be transmitted, by the first 
opportunity, to the commissioners of the navy, for the wages due to him, 
as also annexed thereto a list or bill for the value of the clothes and effects' 
(if any) which he may have.left; and the said commissioners shall assign 
the same for payment within one month from the time from which they 
shall receive it, and upon application cause it to be delivered for the be¬ 
nefit of the heirs or. executors of the parly.— 31 Geo. II. c, 10; 32 
Geo. III. c. 33. 

9. Payments of six months wages, when twelve are due, to certain rela¬ 
tions. —As often as any ship, not being in a port of Great Britain or oil 
the coast thereof, shall have twelve calendar months wages due, the cap¬ 
tain or commander shall cause the names of ail the inferior officers, sea¬ 
men, or marines, to be..called over, and each to answer to bis name; 
and shall do the same^t the,end of every six months when twelve,calen¬ 
dar months wages or more ^hall be due; and, if any such officer, sea¬ 
man, or marine, shall then declare or deliver in writing the name and 
place of abode of his wife, father, mother, grandfather, grandmother,, 
brother, or sister, and desire that the whole or any part of his wages then 
due ^except the wages due for the jast six months) should be paid to any 
such relation by any receiver-general of the land-tax, collector of the 
customs, collector of the excise, or clerk of the check, m Great Britain, 
or by any revenue-officer in Ireland, the captain or commander is strictly 
required to cause four lists to be made out of the persons so desiring to 
make such remittances, and shall transmit such lists, by the first safe op¬ 
portunity, to the commissioners of the navy at their board ; who, on 
receipt thereof) shall immediately make out two bills, if payment is 
required to be made in Great Britain, or two certificates, if to be made 
jn Ireland, for the payment of the wages so allotted by each person ; one 
of which bills or certificates shall be sent to the persons respectively spe¬ 
cified in such lists, and the other to such receiver, collector, or clerk of 
the check, or commissioners of the revenue in Ireland ; and, if the per¬ 
son to whom any such bills are sent shall, within six months from the date 
thereof) -deliver the same to such receiver, collector, or clerk of the 
check, together with a certificate that such person is the wife, father, 
mother, grandfather, grandmother, brother, or sister, as the case may 
be, of such officer, seaman, or marine, respectively, under the hand of 
the minister and churchwardens, or in Scotland of the minister and two 
elders, of the parish, where such person was married or resides, such 
receiver, collector, or .clerk of the check, upon being satisfied of the 
truth of such certificate, by examining the party upon oath or otherwise, 
Is immediately, without fee or reward, to pay the sum mentioned in 
such bill, taking a receipt. Such bill or certificate, together vyith the 
duplicate'thereof) being produced at the navy-office, shg.lt be immediately 
assigned for payment by the commissioners of the navy, and re-paid by 
the treasurer of the navy to sqch receiver, collector, or clerk of the 
check, or to the commissioners of the revenue in Ireland, or their order 
respectively. But, if payment of the said bill be not demanded of such 
receiver, collector, or clerk of the check, and the duplicate of the said 
bill, together will) a proper certific ate, he not produced and delivered to 


70 


REGULATIONS OF THE WAGES 


them respectively within six months from the date thereof, the bill or 
certificate is to be returned and cancelled, and the sum contained therein 
is to become payable to such inferior officer, seaman, or marine, when 
the vship shall be paid. — 31 Geo. II. c. 10; 32 Geo. III. c. 33 and 67. 

10. Payments to pei'sons not being in London , or zvhere seamen*s wages 
are paid . — Remittances to relations when wages are paid at London or the 
out-ports. — When wages shall be due to inferior officers, seamen, or 
marines, who shall have been discharged unserviceable; or to the heirs 
or executors of inferior officers, seamen, or marines, or to those who 
shall administer as their principal creditors; and who, in either case, 
shall not be in London or at any of the out-ports where seamens wages 
are paid; or, (when wages shall be paid at the pay-office of any of the 
out-ports,) if any inferior officer, seaman, or marine, shall be desirous 
to remit the whole or part of his wages to himself, his wife, children, 
parents, or any other person, and to have a bill or certificate for the same 
drawn upon any such receiver-general, collector, or clerk of the check, 
or commissioners of the revenue in Ireland; then, in each of these cases, 
two bills or two certificates are to be made out, one of which is to be 
delivered to such officer, seaman, or marine, or sent or delivered to such 
heir, executor, or creditor, and the other to be sent to such receiver, 
collector, or clerk of the check, or to the commissioners of the revenue 
in Ireland, who shall pay or cause to be paid immediately the sum 
therein-mentioned, without any fee or reward, and who shall be re-paid 
by the treasurer of the navy, and shall return the bill, if unpaid after 
six months, in the manner directed by the former clause. — 31 Geo. II. 
c. 10; 32 Geo. III. c. 33, 34, and 67. 

11. Receivers, Sfc. not paying bills or certificates. — If any receiver, 
collector, or clerk of the check, shall not have in his hands money to 
answer any bill or certificate tendered by the party in whose favour the 
same is made out, and shall refuse or delay the immediate payment 
thereof, he is to indorse thereon the cause of his refusal or delay, and 
appoint for payment some day within one month after such tender; and 
if, upon complaint to the commissioners respectively appointed to manage 
the land-tax, customs, or excise, or to the commissioners of the navy, 
or the commissioners of the revenue in Ireland, respectively, it shall 
appear that any such receiver, collector, or clerk of the check, hath un¬ 
necessarily and wilfully refused or delayed payment, or that he, or any 
person employed by or under him, hath taken any fee, reward, gratuity, 
discount, or deduction, on account of payment of any such bill or such 
certificate, such commissioners may fine such offender in any sum not ex¬ 
ceeding fifty pounds. — 31 Geo. II. c. 10; 32 Geo. III. c. 33 and 34. 

12. How persons turned over are to be rated. — Every officer or sea¬ 
man, who shall be turned over from one ship to another, shall not serve 
or be rated in a worse quality or lower degree than he served in or was 
rated for in the former ship. — 31 Geo. II. c. 10. 

13. Supernumeraries, and men lent. — Every supernumerary man, serv¬ 
ing ten days in any ship, shall be borne for and entitled to his wages upon 
the books of such ship., and to all other benefits,, as if he were part of the 
complement of such ship; but men lent from one ship to another shall 
continue to be borne for, and entitled to their wages upon the books of the 
ship from which they were lent, until they shall be regularly discharged 
from thence, and in no other. —- 31 Geo. II. c. 10. 

14. Executing of wills and powers of attorney. — Any inferior officer, 
seaman, or marine, who shall be desirous to execute a will or a power of 
attorney, and shall at that time belong to any ship, must execute the same 

i on-board 


OF THE ROYAL NAVY. 71 

on-board of such ship., unless he be at sick quarters. — 26 Geo. III. c. 63; 
32 Geo. III. c. 34. 

It' made on-board, it must be attested by the commanding-officer and 
one other signing-officer belonging to the ship, and must specify the num¬ 
ber at which the maker stands rated upon the ship’s books; if at sick 
quarters, it.must be attested bv the agent, and must specify his number, 
26 Geo. III. c. 63; 32 Geo.'lII. c. 34. 

If he shall have been discharged the service, and shall be within the 
bills ot mortality of the cities of London and Westminster, his will and 
power must be attested before the inspector, or his assistant, at the navy 
pay-office in London. — 26 Geo. III. c. 63 ; 32 Geo. III. c. 34. 

It he shall beat Portsmouth, Plymouth, or Chatham, or within seven 
miles of either of these places, his power must be attested by a clerk of 
the treasurer of the navy at such place. — 32 Geo. III. c. 34. 

If he shall be in any other place in Great Britain or Ireland, his will 
or power of attorney must be attested by the minister and two church¬ 
wardens, or two elders of the parish where he shall be at the time of 
executing the same. — 26 Geo. III. c. 63. 

All wills and powers of attorney, made by inferior officers, seamen, or 
marines, must contain the full description of the residence, profession, or 
business, of the person who shall be therein appointed attorney or exe¬ 
cutor, and also the name of the ship to which such officers, seamen, or 
marines, last belonged; and, if made on-board, or at sick-quarters, the 
number at which their names stood on their respective ship’s books: 
every letter of attorney must be declared in the body thereof to be re¬ 
vocable. — 26 Geo. III. c. 63. 

A certificate of discharge must be produced to whomsoever shall attest 
any will or power of attorney made on-ffiore by inferior officers, seamen, 
or marines, and forwarded to the inspector with such will or power, or a 
reason be given for the same not being produced, which shall be noted on 
the back of the will or power, and must be admitted as satisfactory at the 
pay-office before a check can be issued. -— 32 Geo. III. c. 34. 

All powers of attorney and wills made by inferior officers, seamen, 
and marines, must be delivered to those who attest them, who are directed 
to forward them immediately to the treasurer, or to the pay-master, of 
the navy at the pay-office in London, to be there kept as vouchers; and, 
as soon as they are ascertained to be authentic, by investigation to be 
made at such office, (for which purpose the inspector shall have free ac¬ 
cess to all pay and muster books of ships, and to all hospital-returns,) 
checks in lieu of the same will be issued to the parties named as attor¬ 
neys or executors, that shall be to them the same as the original powers 
of attorneys or wills. Ail wills and powers of attorney, made by infe¬ 
rior officers and seamen, prior to the first day of August, one thousand 
seven hundred and eighty-six, or by marines prior to the first day of 
August, one thousand seven hundred and ninety-two, must be sent to 
the navy pay-office in London, where they must be examined and ap¬ 
proved of, and stamped by the inspector, before any payment of wages, 
or other allowances, can be made upon them. — 26 Geo. Ill, c, 63; 
32 Geo. III. c. 34. 

15. Orders for images under £7 . — Inferior officers, seamen, or ma¬ 
rines, may grant orders, instead of powers of attorney, when the wages 
(]ue to tiiem do not exceed seven pounds, but which orders must be wit- 
nessfcd by the commander or by a signing-officer or lieutenant on-board 
of the ship where such service was performed; and the same, accom¬ 
panied by a certificate from such officer, must be submitted for inspection 
V 4 L4 at 


72 REGULATIONS OF THE WAGES 

at the pay-office in London, to be stamped for payment. — 32 Geo. II. 
c. 34. 

16. Duty of captains and lieutenants with respect to the muster-books. — 
All lieutenants are to sign their names upon some page of every muster- 
book, that their signatures may be known at the navy pay-office; all cap¬ 
tains or commanders are to specify upon every such muster-book which 
of the men have granted wills or powers since the preceding return. — 
26 Geo. III. c. 63; 32 Geo. III. c. 34. 

And all officers in the navy, and other officers under government, are 
to grant the certificates, attest the vouchers, and act in other respects 
as shall be necessary on their part to fulfil the intent and meaning of the 
respective instructions and requisitions contained in this abstract. — 
32 Geo. III. c. 67. 

17. Assignments from commissioned and warrant officers. — All wills, 
letters of attorney, and orders, (unless agreeable to the aforesaid direc¬ 
tions,) made by inferior officers, seamen, or marines, and all bargains, 
bills of sale, and assignments, concerning the wages or allowances of 
money due, growing or to grow due, to any inferior officer, seaman, or 
marine, shall be null and void. But assignments made by commissioned 
and warrant officers shall be good and valid, provided they be made ge¬ 
neral, and for a certain specified sum; and the treasurer of the navy 
shall pay all wages or other allowances due to such officers upon such as¬ 
signments, until the sum specified in the same shall be duly satisfied; 
and, in cases where more than one assignment shall be produced, the 
treasurer shall pay them according to the priority of their dates, but he 
shall take no notice whatever of any assignment, made by any officer, 
unless the same shall be accompanied with the necessary certificates and 
papers; and the said treasurer shall not take notice of any power of 
attorney, or the check of any power, unless presented at the time of 
payment; and, if two or more powers or checks shall be presented at 
the same time, payment shall be made to that which bear s the latest 
date. — 3 L Geo. II. c. 10; 26 Geo. III. c. 63; 32 Geo. III. c. 33. 

IS. Subsisting seafaring subjects of Great Britain, when abroad. — 
British governors, ministers, and consuls, residing at foreign parts, or, 
where no such are pres*nt, any two British merchants, are required to 
provide for sea-faring men or boys, subjects of Great Britain, who, by 
shipwreck, capture, or any other unavoidable accident, shall be in fo¬ 
reign parts, or who shall be discharged there as unserviceable from the 
royal navy, and subsist them at nine-pence per diem each, and send them 
home as soon as conveniently may be in any ship belonging to the royal 
navy, or in any merchant-ship. — 32 Geo. III. c. 33. 

19. Allowance for such to masters of ships. — Masters of ships shall be 
allowed nine-pence per diem for all such men and- boys as shall exceed 
their complement. *— 32 Geo. III. c. 33. 

20. Inferior officers, Sfc. not to be arrested for certain debts. — Inferior 
officers, seamen, or marines, shall not be taken out of the service for any 
debt, unless such debt shall have been contracted before they entered the 
navy, and shall exceed twenty pounds.— 32 Geo. III. c. 33. 

21. How creditors map proceed. — But creditors may file a common 
appearance, so as to entitle them to proceed to judgement and outlawry, 
and to have an execution thereon, except against the bodies of such 
sciamen. — 32 Geo. III. c. 33. 

22. Allowance to receivers of wages. — Receivers of seamen’s wages, 
taking more than six-pence in the pound, shall, for every offence, forfeit 
fifty pounds; and, if such offender be a clerk, officer, or servant, in any 

office 


OF THE ROYAL NAVY. 


73 


office belonging to the navy, he shall lose his place, and be incapable of 
holding any place of profit in such office. — SI Geo. II. c. 10. 

23. Cler/cs, be. taking illegal fees. — Clerks, officers, and servants, in 
offices belonging to the navy, taking fees (not allowed by the acts of 
which this is an abstract) for doing any thing directed by the said acts, 
shall be subject to the same forfeitures. — 32 Geo. III. c. 67. 

24. Captains to transmit pay-books, Spc. — Captains or commanders of 
ships are to transmit, from time to time, to the navy-board, complete 
pay-books, lists, and tickets; and also, once in every two months, 
complete muster-books; under the penalty of forfeiting all their usages to 
the chest at Chatham, and of being liable to such farther punishment as a 
court-martial shall inflict, except in cases of necessity, to be made ap¬ 
pear to the satisfaction of the lords of the admiralty. — 31 Geo. II. c. 10. 

25. Captains not transmitting pay-books, Sfc. — The payment of rickets, 
certificates, or pay-lists, shall not be delayed, though the muster or pay 
books be not received by the commissioners of the navy; but, if any 
error should be made in any ticket, certificate, or pay-list, the loss shall 
be made good out of the wages of the captain or commander by whom 
sgch ticket, certificate, or pay-list, was made out. — 31 Geo. II. c. 10; 
32 Geo. III. c. 67. 

26. Muster-books left abroad to be transmitted. — Captains and com¬ 
manders, who shall sail from any foreign station before an opportunity 
offers of transmitting home their muster-books, lists, and tickets, shall 
leave them with the naval officer, or some respectable merchant or other 
person, to be forwarded by the first opportunity — 32 Geo 111. c. 34. 

. 27. Master-books to be delivered by captains to their successors. — A 
captain removed from any ship shall leave with his successor complete 
muster-books ; signed by himself and the proper officer, to the date of his 
removal, receiving a receipt for the same; and the commissioners of the 
navy shall not sign his general certificate unless such receipt be pro¬ 
duced, or unless it be made appear that the directions herein given were 
complied with, as far as the nature of the service would admit. — 
32 Geo. III. c. 34. 

28. Wages of apprentices. — Wages, &c. earned by an apprentice, 
shall be paid to his master, as usual, if such master produce the indentures 
at the pay-table when the wages are demanded; unless such apprentice 
shall have been above eighteen years of age when he was indented, in 
which case he may receive payment of the same himself; or unless he 
shall be rated as a servant to an officer, in which case his wages shall be 
paid to such officer according to the usual practice of the navy; unless 
such officer shall have been informed of such apprenticeship by the inden¬ 
tures having been exhibited to him. —31 Geo. II. c, 10; 32 Geo. III. 

c, 33. 

29. What shall be deemed a month. -—All months, to which this abstract 
of the naval acts relates, shall be reckoned calendar months, except in 
computing of wages, when each month shall consist of twenty-eight 
days only. — 32 Geo. III. c. 34. 

30. No tickets to be issued but such as are here mentioned. — Captains or 
commanders issuing any tickets, other than such as are directed by the 
different acts of which this is an abstract, shall be subject to a penalty of 
fifty pounds for every ticket, and shall forfeit all their wages to the chest 
at Chatham. — 31 Geo. II. c. 10. 

31. Hoz: executors, administrators, and creditors, are to proceed upon 
deaths. — Those who can claim the wages of any inferior officer, sea- 
fian, or marine, as executors, as soon as they shall be informed of the 

* testator’s 


7* 


REGULATIONS OF THE WAGES 


testator’s death, must forward the authorities, under which they go claim, 
by the general post, addressed to the treasurer or to the paymaster of the 
navy, London.— Those who claim as nearest of kin must also write, 
when they shall be informed of the death of their relation, by the gene¬ 
ral post, to the treasurer or to the paymaster, stating their pretensions to 
the wages which may remain due: and those who shall be entitled to 
claim as creditors must apply in like manner, and at the same time state 
in writing the nature and amount of their demand. A proof must also 
be produced in each of these cases of the inferior officer, seaman, or 
marine’s, death, if he shall have died after having left the service; the 
business will then be properly investigated at the navy pay-office; and, if 
the claim be found just, the necessary expenses of administering at 
Doctors Commons (w'hich are limited as per clause thirty-second of this 
abstract) will be defrayed, and the balance will be directed to be paid 
to the executor or administrator, if present; and, if absent, by a remit¬ 
tance-bill, as described in the tenth clause of this abstract. — 26 Geo. 
III. c. 63; 32 Geo. III. c. 34. 

Executors in wills, or those who shall be entitled to administer as 
widow, next of kin, or creditor, to inferior officers, seamen, or ma¬ 
rines, may receive the wages due, without the expense of taking out 
letters of administration, when such wages or other allowances do not 
exceed ten pounds, provided the justness of their claims be ascertained 
at the pay-office; and the said wages, &c. shall be remitted in like 
manner, if required, to any part of Great Britain or Ireland —32 Geo. 
II. c. 34. 

Pensions to out-pensioners of Greenwich-Hospital. — Pensions due to 
©ut-pensioners of Greenwich-Hospital shall be paid by bill in like man¬ 
ner, in any part of Great Britain or Ireland, upon application being 
made by the party in writing to the governors of the said hospital. — 
3 Geo. III. c. 16; 32 Geo. III. c. 67. 

32. Charges of proctors. — Registers or proctors of Doctors Commons, 
taking more than the sums allowed by the act to be charged in the dif¬ 
ferent events therein specified, shall forfeit the sum of fifty pounds; and 
any register or proctor, aiding or assisting in procuring probates or admi¬ 
nistrations, otherwise than in the manner prescribed by the act, shall for 
ever t\e rendered incapable of acting in any ecclesiastical court in Great 
Britain, and shall, for every offence, forfeit the sum of five hundred 
pounds. — 32 Geo. III. c. 34. 

33. Punishment to persons personating others, forging, frc. — Whoever 
willingly or knowingly shall personate, or procure any other to personate, 
any officer, seaman, or other person entitled to wages, 8cc. or the exe¬ 
cutor, administrator, wife, relation, or creditor, of any such, in order 
to receive any wages, pay, allowances, or prize-money; or shall forge 
or counterfeit, or procure to be forged or counterfeited, any letter of 
attorney, or other power or authority whatsoever, in order to receive any 
wages, pay, 8cc. or shall willingly or knowingly take a false oath, or 
procure a faRe oath to be taken, to obtain the probate of a will oj letters 
of administration, in order to receive any such wages, shall be guilty of 
felony, and suffer death ; and whoever knowingly shall forge or counter¬ 
feit any certificate of discharge, or certificate of servitude, in order to 
entitle them to recover their own wages, or assist in so doing, shall be 
punished as in cases of perjury.— 31 Geo. II. c. 10; 32 Geo. III. 
c. 33, 34, and 67. 

34. Vouchers to the treasurer of the navy. — The tickets, certificates* 
pay-lists, bills, and duplicates, therem-me^tioncd, shall be sufficient; 

vouchers 


OF THE ROYAL NAVY. 


75 


vouchers to the treasurer of the navy for the payments made thereon. —• 
Geo. II. c. 10; 32 Geo. III. c. 33, 34, and 67. 

35. Who are deemed inferior officers, seamen, or marines . —Every part 
of the complement on-boarcl any of his Majesty's ships is included under 
the denomination of interior or petty officers and seamen, ncn-c unmis¬ 
sioned officers of marines, and marines, except those who shall be rated 
as follows: admirals or flag-officers and their secretaries, captains, lieute¬ 
nants, masters, second masters, and pilots, physicians, surgeons, chap¬ 
lains, boatswains, gunners, carpenters, pursers, captains of marines, 
captains lieutenant of marines, lieutenants of marines, and quarter¬ 
masters of marines. — 32 Geo. III. c. 34. 

36. Copies of this abstract where to be fixed, $c. — Copies of tills 
abstract shall be transmitted to the commissioners of the navy, to the 
commissioners for sick and wounded seamen, to the commissioners of 
the excise and customs in England and Scotland, to the receivers-general 
of the land-tax, to the registers and deputy-registers of the prerogative 
court of Canterbury, to the clerks of the check of his Majesty's dock¬ 
yards, to the governors and agents of the royal hospitals, to the com¬ 
manding-officers of the several divisions of marines, and to the minister 
of every parish in Great Britain; who are directed to hang up and affix 
the same in some conspicuous part of their several offices or parishes, 
and to promulgate the same as much as may be in their respective de¬ 
partments. A copy of this abstract, together with the articles of war, 
shall also be kept-hung up in the most public place of every ship in the 
royal navy, that it may be accessible to all inferior officers and seamen, 
non-commissioned officers of marines, and marines; and every captain 
and commander shall cause the same to be read over once in every 
month, after the articles of war are read, and the reading of the same 
shall be attested by the captain or commander and signing-officers at the 
foot of the muster-book, to the end that every seaman in the royal navy 
may know the punishment he is liable to lor any neglect or disobedience, 
and the encouragement he is entitled to by the performance of his duty, 
and that upon suffering any injury he may be enabled to lay his complaint 
before the commissioners of the admiralty. — 32 Geo. III. c. 67. 

Abstract of an Act to enable Petty Officers in the Navy, and Seamen, non- 
commissoned Officers of Marines, and Marines, serving in his Majesty's 
Navy, to allot part of their Pay for the Maintenance of their Wires and 
families. — 35 Geo. III. c. 28. 

1 . What part of pay may be allotted to wives , children, or mothers. —— 
Every petty officer and non-commissioned officer of marines may allot, 
for the maintenance of their wives and children, or mothers, one half of 
his wages; every able-bodied seaman five-pence per day; and every 
ordinary seaman or landman four-pence per day : every marine may allot 
three-pence per day, while lie shall actually serve on-board any of his 
Majesty’s ships, or be borne lor wages upon the books of any such ships; 
which said several sums shall be paid every twenty-eight days, under the 
rules and regulations by this act directed. — The proportions of this 
allotment have been altered by 37 Geo. III. c. 53. See page 90. 

2. How persons, who wish to allot part of their pay, are to conduct them¬ 
selves, when they enter. — If any seaman or landman shall voluntarily 
enter with any regulating-officer for his Majesty’s naval service, and 
shffii, at the time of entering, declare to the offic er his name and place 
of abode, and that ho is married, and shall likewise declare the name of 
his wife, and at what place she then resides, and, if he has a child or 

children. 


7S 


REGULATIONS OF THE WAGES 


children, distinguishing how many of them are boys; or shud declare 
that he has a mother, and the place of her residence; and that he is wil¬ 
ling to allot a part of his wages for the maintenance of his said wife and 
child or children, or of his mother; in that case, if the wife or mother, 
reside in London, or within the bills of mortality, the sum allotted to her 
shall be paid by the treasurer of the navy ; and, if she reside at Ports¬ 
mouth, Plymouth, or -Chatham, or within five miles of any of those 
places, then the sum allotted to her shall be paid by the clerk of the 
check at any of those places within five miles of which she shall reside: 
but, if the residence of the* wife or mother shall not be in London, or 
within the bills of mortality thereof, or at Portsmouth, Plymouth, or 
Chatham, or within five miles thereof respectively, in every such case, 
the sum alloted to the wife or mother shall be paid to her by the receiver- 
general of the land-tax of any county, riding, or city, or by the collector 
of the customs for any port, or by the collector of excise for any col¬ 
lection in Great Britain, nearest to the place of residence of the wife or 
mother of such seaman or landman; and such regulatmg.-officer for enter¬ 
ing seamen or landmen shall immediately make out three declarations of 
allotment, and three orders of payment, (which shall be triplicates of 
each other, and joined together,) in the following form ; 


No. L 


h A. B .. 


that I 


living at 


of 


1 


Petty Officer, 

Seaman, 

Landman, 
Non-commissioncd 
officer of marines, 

Marine, 

having a C Wife C and one child, a boy, 

J l and children, 

having a£ Mother • 


do hereby (ieclare. 


of whom are boys 


A 


1 


f entered this day to, serve in his 
\ Majesty’s navy, 1 ' 
j now serving on-board hisMa- 
k. jesty’sship 


rwife 7 

and child: ? S 

the maintenance of my -j *■ 

and children: £ / 

( 

(. Mother 

J 


in the county- 
have allotted 
per day out of my wages, or pay, for 


1 


direct you to pay or cause to be paid to C. JD. my | Mother ^ living in the 

place and county aforesaid, at the end of every twenty-eight days from the date hereof, 
the sum of being at the rate of per day, out of 

the wages or pay to grow due to me as a in his Majesty’s navy, 

a duplicate hereof having already been transmitted to you, signed by three of the com¬ 
missioners of his Majesty's navy, upon her producing a certificate, under the hands of 
the minister and the churchwardens or churchwarden, or the elders or elder, of the parish 

; Wife: 


Mothe 


cr: f 


where she resides, that, to the best of their knowledge, the said C. D. is my 

or, in the event of the death of my wife, pay the. sum aforesaid to the person who shall, 
by the minister and churchwardens or churchwarden, or elders or elder, of the parish 
where my said wife resides, be appointed tp receive the same, for the maintenance of 


{ children. I i Majesty's ship 

Witness (if on. shore) 


? 


7 at 


on-board his 


this 


day of 

(Signed) <A. B. 

Thomas Bowling, 
LieUt. in his Majesty’s navy. 


(if on-board. 


D. E. captain. 

F.'G, lieut. and signing- 
, officer. 


I 


To 



OF THE ROYAL NAVY. 


77 


To the treafurer of his Majesty's navy. 

To the receiver-general of the land-tax of 
To the collector of the customs of the port of 
To the collector of the excise at 
To the clerk of the check at 


(Signed) 



/ 


Commissioners of lib 
Majesty’s navy. 


By virtue of the act of the thirty-fifth ®f George the Third. 


A r . 7?. The personating, Or falsely assuming, the name and character of the wife, or 
mother, or person to be appointed on the behalf of the child or children, of any petty 
officer, seaman, or landman,, non-commissioned officer of marines, or marine, or 
procuring any other to do the same, in order to receive any part of the wages or pay 
of such petty officer, seaman, or landman, non-commissioned officer of marines, or 
marine, is made felony, without benefit of clergy, by the act thirty-fifth George the 
Third. 

Which declarations and orders of payment being numbered and dated, 
and the blanks otherwise filled up, the said seaman or landman shall sign 
his name or makfe his mark at each of the said triplicates, and the said 
regulating-officer shall sign his name as witness thereto; and, if the said 
wife or mother shall then attend in person, such regulating-officer shall 
cut off one of the triplicates and deliver it to the said wife or mother; and 
shall/immediately thereafter, send the other two triplicates to the commis¬ 
sioners of the navy, at their board in London; but, in case the wife or 
mother shall not attend at the time aforesaid, the said regulating-officer 
shall send the said triplicates to the commissioners of-the navy ; and such 
regulating-officer shall, in his returns to the admiralty or navy boards, 
specify, opposite to the names of every man so entered, whether he has 
allotted part of his pay for the maintenance of his wife and child or chil¬ 
dren, or of his mother, and the amount of such allotment, together with 
the date of the order for the payment thereof. 

3. Allotting qf seamen's pay, when captains muster their companies. —As 
often as the captain or commander of any ship or vessel shall muster his 
ship's company, and if any petty officer, Sfc. shall thereupon declare, or 
deliver in writing,’ the name and place of abode of his wife, and if he 
has a child, ori how. many children; distinguishing how many of such 
children arc boys, or that he has. a mother then alive, and the place of 
her residence, and desire that a part Of his wages should be allotted to Ins 
said wife, or to his mother, then, and in that case, the sum allotted shall 
be paid to the wife or motheriot' siich petty officer, 8zc. Recording to the 
regulations of the preceding'-clause: and the captain of such ship is 
hereby strictly required to cause a list to be made out, which shall con¬ 
tain the name of every such petty officer, £>;c. in which list the name 
and place of abode of the wife or mother, child or children, as the case 
may be, and whether he has a child, or how many children, distinguish¬ 
ing how many of such children are hoys>; shall.be specified and described 
in distinct columns opposite to the name ofsi;ch petty officer. See. and 
every such petty officer, &c. shall write his name, or make his mark, in 
a separate column in. the said list, which list shall be forthwith signed by 
the captain or commander, and any other of the signing-officers of such 
ship; and every such petty officer, &c. shall also sign his name, or 
make bis. mark; at each of the three declarations and orders of payment 
as before-mentioned,, and which declarations and orders shall be in the 
same form of words as hereinbefore described ; and the said declarations 

and 



*78 


REGULATIONS OF THE WAGES 


and orders shall be forthwith completed ; and such captain or commander 
shall transmit the list, and the three declarations and orders aforesaid, by 
the first safe opportunity, to the commissioners of the navy at London. 

4. Duty of the commissioner's of the mty. — As soon as the said decla¬ 
rations and orders shall be received by the commissioners of the navy, 
they shall examine them with the list transmitted by the regulating officer, 
or by the captain; and, if found right, the same shall be filled up agree¬ 
able to the particulars specified in the several columns of such lists, and 
shall be then allowed and signed by any three of the said commissioners, 
specifying the date on which they so sign the same; and in all cases, 
where the triplicates of the said declarations and orders shall have been 
transmitted to the commissioners of the navy, they shall cut them asun¬ 
der, and transmit one of them to the wife or mother of such petty officer, 
&c. and another of them to the said receiver-general of the land-tax, 
&c. to whom such order shall be so directed; and the third of them to 
the treasurer of the navy; and, where only two such declarations and 
orders shall have been transmitted to the said commissioners, they shall, 
in like manner, transmit one of them to the receiver-general of the land- 
tax, &c. to whom such order shall be so directed, and the other to the 
treasurer of the navy ; but in cases where the allotment of such wages is 
to be paid by the treasurer of the liavy in London, or within the bills of 
mortality, then two of the said triplicates shall be transmitted to the trea¬ 
surer of the navy. 

5. Duty of the treasurer of the nary , receiver-general , SfC. —«When, 
at the end of twenty-eight days or more after the date of such declaration 
and order, the same (together with the certificate therein mentioned from 
the minister and churchwardens or elders, as the case may be) shall be 
presented to the treasurer of the navy, receiver-general of the land-tax, 
collector of the customs, collector of the excise, or clerk of the check, 
respectively, to whom the same is addressed, he shall compare such de¬ 
claration and order with the triplicate of the same which shall have been 
transmitted to him by the commissioner of the navy, and inquire into the 
truth thereof, and of such certificate as aforesaid, if necessary, bv the 
oath of the wife or mother producing the same, which oath he is empow¬ 
ered to administer; and, upon being satisfied of the authenticity of suclv 
declaration and order, and of such certificate, he shall immediately pay 
to the said wife or mother, without fee or reward, and without deduction 
on any pretence whatever, the sum allotted to her, taking her receipt for 
the same, to which she shall sign her name, or make her mark, in the 
presence of the person paying her, who shall also sign his name as wit¬ 
ness thereto; and he shall also mark her receipt and certificate with the 
same number as that of her husband’s declaration and Order, and shall 
also mark on the said declaration and order the date of such payment, 
the amount of the sum paid, and the time from whence, and up to what 
time, the same so became due; after which he shall deliver back the de¬ 
claration and order so produced by her; and the person making such pay¬ 
ment shall, in like manner, mark the triplicate which shall have been 
transmitted to him by the commissioners of the navy as aforesaid, and, at 
the end of every four weeks, or twenty-eights days, thereafter, upon si¬ 
milar application made, and upon producing such order and certificate in 
manner before directed, the payment shall be made in the same manner 
and form to the said wife or mother, during her life, so long as her hus¬ 
band or son shall live, and continue as a petty officer, &c. in the service 
of his Majesty, except where no demand shall be made upon such order 

within 


OF THE ROYAL NAVY. 


79 


within six months from the date of making thereof by the commissioners 
of the navy, or from the date of the last payment made thereon. 

6. When the wife dies, leaving children. —When the wife of any such 
petty officer, Szc. shall happen to die, and such petty officer, &c. shall 
have a child or children under the age of fourteen years, the minister and 
churchwardens, or elders of the parish where such wife so dying resided 
at the time of her death, shall certify, to the commissioner of the navy, 
the death of such wife, the day thereof, and that the husband has a 
child, or children, then alive, under the age of fourteen years, and the 
ages of such child, or children, as nearly as they can, and shall distin¬ 
guish how many of such children are boys; and such minister and 
churchwardens, or elders, shall also certify their intention of appointing 
a proper person, within their parishes, to receive that part of the father’s 
wages which had been allotted by him for the maintenance of his child or 
children in the event of the death of his wife; and, along with such 
certificate, the minister and churchwardens, or elders, shall also transmit 
the triplicate of such declaration and order before-mentioned, which was 
in her possession at the time of her death ; whereupon the commissioners 
of the navy, if they are satisfied of the truth thereof, and that the father 
of such child or children is still alive, and in the service of his Majesty, 
shall then cause to be made out three certificates and orders, (which shall 
be triplicates of each other, and joined together,) in the following form: 


No. I. 
and 


We, 


parish of 

hereby certify and declare, that 


Wife of 


the minister, 

? churchwardens or churchwarden, ? ^ 

I elders or elder, 5 

in the county of do 


serving in his Majesty's navy, died on the 
day of 

she has resided 


"petty officer, 

| seaman, 

’ landman, 

[ non-commissioned 
officer of marines, 
.marine. 


1 


was buried in the said parish, where 

S months ) , . , 

l years y previous to her death. 

And we farther certify and declare that there ^ ^ ^ living in this parish ^ 3 ^ildren ^ 
under the age of fourteen years, of the aforesaid 


late the 


husband of the aforesaid 


deceased. 


5 who is a boy or girl: 7 
2 of whom are boys 
and we have appointed of in this parish, to receive 

such allowances as aforesaid the father has allotted, out of his wages or pay 

due or to become due for his service in the navy, for the maintenance and support of his 


S child 7 
31 I children } 


• in the event of the death of his wife; and we request that you will 

give the necessary order, that the wages or pay of the father, so allowed as aforesaid, 
shall and may in future be paid to the said 

support of the J children f ® f the said 
direction. Dated at this 


for the maintenance and 
under our inspection and 
day of 

Signed A. B. Minister. 

C. D. 7 churchwardens or 
E. F. J elders 


To the commissioners of 
his Majesty’s navy. 

We, and two of his Majesty's 

^justices of the peace, in and for the county of do hereby certify and 

attest, to the commissioners of his Majesty’s navy, that the facts set forth in the above 

certificate 



•0 


REGULATIONS OF THE WAGES 


certificate are true, to the best of our knowledge and belief, and that the said 

named therein is a fit and proper person to receive the wages allotted by the above 

for the maintenance and support of his | children ^ evcnt 

ef the death of his wife; and we do hereby approve of him in that respect. Dated at 

this day of 

Signed G. H. 7 Justices of the peace for the 
I. K. J county of 

London, the day of 

We approve of the above, and allow the same, and order the payment of that part 
of the wages allotted by the above-mentioned for the maintenance and' 

support of his ^ children } in ^ ie cvent °f h' s to be P al£ * t0 die a ^ ovc “ 

named for that purpofe. 


Signed L. M. 


/ commissioners of 


To 


'The treasurer of the navy, 

The receiver-general of the land-tax of 
The collector of the customs at the port of 
The collector of the excise at 
The clerk of the check at 


j> q ^ navy. 


By virtue of the act of the thirty-fifth of George the Third. 

N. B. The forging of this certificate, or procuring any other person to forge the 
same, in order to receive any part of the wages or pay allotted by any petty officer, 
seaman, or landman, non-commissioned officer of marines, or marine, to the support 
and maintenance of his (child, or children) is made felony, without benefit of clergy, 
by the act thirty-fifth George the Third. 


The triplicates! of which certificate the commissioners of the navy 
shall send to the minister, churchwardens, or elders, of the parish ; and 
such minister, &c. shall cause the blanks to be filled up, and the said 
minister, with the churchwardens or elders shall sign the same; and, 
having procured two of the justices of the peace of the county to attest 
the same, the said minister, &c. shall return the said three triplicates to 
the commissioners of the navy; who shall, immediately, if found right, 
mark each of the triplicates with the same number as the original decla¬ 
ration and order; and the said commissioners, or any three or more of 
them, shall date and sign their allowance thereof, and shall address each 
of the triplicates to the same public officer to whom the original order 
was addressed for payment, and the same being so completed, they shall 
transmit one of them to the person who shall- be appointed by the said 
minister, &c. and shall therewith also transmit the original declaration 
and order, which was in her possession at the time of or previous to her 
death; and another of the aforesaid triplicates shall be forthwith trans¬ 
mitted to the person appointed to pay the same ; and the third of the said 
triplicates to be delivered to the treasurer of the navy. 

7. Farther proceedings on the death of the uife. — At the end of twenty- 
eight days, or more, from the date of the last payment made to the wife 
who may have so died, or from the date of the original declaration and 
order, (in case she shall have received no payment thereon,) the person 
appointed in such certificate may apply to the treasurer of the navy, &c. 
to whom the same may be addressed, for payment of what may be due 
thereon, and shall then produce the original declaration and order of such 
petty officer, &c. in favour of his wife, the certificate of the minister 
and churchwardens or churchwarden, the elders or elder, of his appoint¬ 
ment, the attestationthereof by two justices of the peace, and allowance 

thereof- 



OF THE ROYAL NAVY. 


$2 


thereof by any three commissioners of the navy, as is before-mentioned, 
.and shall also produce and deliver to such treasurer of the navy, &c. a 
certificate from the minister and churchwardens or churchwarden, elders 
or elder, specifying that there is a child, or the number of children, un¬ 
der the age of fourteen years, of such petty-officer, &e. whose wife may 
have died as aforesaid, then living in their parish, and distinguishing if 
such child, or how many of such children are boys, and the age of such 
child, or the respective ages of such children, as nearly as they can; and 
such treasurer of the navy, &z c. shall examine these several papers so 
produced, with the triplicates thereof, transmitted to him by the commis¬ 
sioners of the navy; and shall inquire into the truth thereof, if necessary, 
by the oath of the party producing the same (which oath he is empowered 
to administer); and, being satisfied with the authenticity and truth there¬ 
of, he shall immediately pay to the person so appointed the sum due 
thereon, without fee or reward, and without deduction on any pretence 
whatever, so as the same shall not be lor a less period than twenty-eight 
days, except as hereinafter is mentioned, and shall take the receipt of, 
such person for the same, who shall sign the said receipt in the presence 
of the person paying the money; who shall sign his name as witness to 
the said receipt, and shall also mark the said receipt with the same num¬ 
ber as that of the original declaration, and order.of payment, and certi¬ 
ficate of appointment, and shall also mark upon the original declaration, 
and order of payment, and upon the certificate of appointment, pro¬ 
duced by the said person, and also upon the original declaration and or¬ 
der of payment, and upon the certificate of appointment, transmitted to 
him by the commissioners of the navy as aforesaid, the date of such pay¬ 
ment, the amount of the sum paid, and the time from whence, and up to 
vvhat time, the same became due; and at the end of every twenty-eight 
days thereafter, upon similar application made, and upon producing such 
original declaration and order of payment granted by such petty-officer, 
&:c. and such certificate and appointment attested and allowed as before- 
mentioned, and upon the delivery of such certificate respecting the exist¬ 
ence and age of such children as aforesaid, with a receipt for the money, 
in manner as before directed, the same payment shall be made to the per¬ 
son so appointed, and that for so long as any one of the said children 
shall remain under the age of fourteen, or so long as their father shall live 
or continue as a petty-officer, &c. except where no demand shall be 
made for payment, within six months from the date of the commission¬ 
ers of the navy, allowing of such certificate of appointment, or from the 
date of the last payment made thereon. 

8. Persons promoted may increase the allotment of their wages. —— If any 
such seaman, landman, or marine, shall be promoted in the service; 
videlicet, if fiom landman or ordinary seaman to able seaman, or if from 
able seaman to petty officer, or if from petty officer of. an inferior to a su¬ 
perior rank in the list of petty officers, or if any marine be promoted to 
be a non-commissioned officer, or receive any other similar promotion, by 
which the wages of such person shall be increased, it shall be lawful for 
such person, so promoted, at any subsequent muster of the ship’s compa¬ 
ny, to declare that he is desirous to make the allowance out of his wages 
to the full amount allowed to those in the same rank to which he has been 
promotedand the captain or commander of such ship is hereby required, 
fn the muster-books, to specify the same opposite to the name oi such 
person) who shall also sign Iris name, or make his mark opposite thereto; 
*»nd such seaman, &c. shall also sign three declarations and orders of pay - 
merit (agreeably to the forms before prescribed), which shall be executed, 

Q §IV\ 


REGULATIONS OF THE WAGES 


S2 

and transmitted to the commissioners of the navy, in the same manner as 
before mentioned; and such commissioners shall likewise proceed in the 
same manner as before directed in examining and transmitting the same; 
and the wife, mother, or person, appointed for the children, at the time 
of receiving the first payment under the new order of payment, shall 
receive also the difference between the sum in the first order and that in 
th j new order, from the date of such new order up to the time of re¬ 
ceiving under the same, in case any intermediate payment shall have been 
made on the first order after the date of the second, and he or she so 
receiving the money as aforesaid shall deliver up the triplicate of the 
former order, which shall be transmitted to the commissioners of the 
navy, together with the triplicate of such first order that was in the pos¬ 
session of the person paying the money; and in all other things relative 
to such new declaration and order, the same regulations shall be ob¬ 
served as are directed with respect to payments under the first decla¬ 
ration and order. 

9. Payments to be monthly. -— All payments made to the wife or mo¬ 
ther, or to the person appointed on the death of such wife, shall be by 
even monthly payment of twenty-eight days, and not for any part of a 
month, except in case of the death, discharge, or absence, of such 
petty-officer, Szc. in which events the sum allotted shall be paid up to 
the day of the said death, discharge, or absence, and all payments so 
made shall be deducted from the payment of such petty officer, &c. 

10. Orders for allotment of pay, how long to continue. — Every such 
order of any such petty officer, Szc. shall be irrevocable, and continue 
in force during the whole time that he shall be entitled to wages, in case 
his wife or mother named therein shall so long live, or while any of his 
children shall remain under the age of fourteen, or until he shall be dis-t 
charged, or absent himself from his Majesty’s service, unless the same 
shall be revoked in the manner herein-ai'ter mentioned, or become void 
by non-claim, as after mentioned. 

11. Persons appointed on death of the wife are to receive the wages in 
person. — The wife or mother, or person appointed on the death of the 
wife, shall appear in person to receive the wages allotted, unless they 
shall be disabled by bodily infirmity; and such disability being certified 
by the minister and churchwardens or elders of the parish where he or 
she resides, or by the physician, surgeon, or apothecary, attending her 
or him, then the money so allotted shall be paid to her or his order fo 
writing, upon producing the original order for payment by such petty 
officer, Szc. and together with the other proper receipt and certificate as 
aforesaid. 

12. Original order of payment becomes void in certain cases. — If no 
demand for payment, upon any such original order of payment, shall be 
made for six calendar months from the date when the same shall be signed: 
by the commissioners of the navy, then the said order, in the event of 
the death of the wife, shall become void and of no effect; and the wages 
of such petty officer,, Szc. shall, from the date of the last payment made* 
on such order, be paid to him, or to his executors or administrators, as if 
he-had never granted any such order. 

13. Officers not transmitting lists. —If any regulating-officer, or any, 
captain or commander of his Majesty’s ships, shall unnecessarily delay to; 
transmit, to the commissioners of the navy, the list of such petty offi¬ 
cers, Szc. who have so allotted part of their wages, or to transmit the 
said declarations and orders made by such petty officers, Szc. every such 

officer. 


OF THE ROYAL NAVY. 


8$ 

officer, captain, or commander, shall forfeit fifty pounds; and such pe¬ 
nalty shall be paid to the person prosecuting for the same. 

I t. Receivers-general, fyc. delaying payments. — If any receiver-ge¬ 
neral of the land-tax, &c. to whom su-ch order shall be addressed and 
presented, for payment of the sum allotted, shall not then have public 
money sufficient to answer the same, and shall for that reason delay the 
payment thereof, such receiver-general of the land-tax, &c. shall imme¬ 
diately deliver., to the person demanding payment, a note of the cause 
of his refusal, which shall bear the date when such demand jwas made 
and refused, and shall appoint thereon, for the payment of such demand 
some future day, within the space of fourteen days from that day; and 
if, upon X'omplaint being made to the respective commissioners of the 
land-tax, customs, or excise, or to the commissioners of the navy, it 
shall appear that such receiver-general of the land-tax, &c. hath unne¬ 
cessarily delayed the payment of such allowance allotted as aforesaid, or 
that such receiver-general of the land-tax, &c. hath directly or indirectly 
taken any fee or reward, gratuity, discount, or deduction, whatsoever, 
under pretence of reimbursement of any expense incurred on account of 
the payment of the said allowance, it shail be lawful for any three or 
more ot the said commissioners to convict and fine any such offender, 
under their respective directions, for every such offence, in a sum not 
exceeding fifty pounds, according to the nature and degree of the offence; 
and tlie said fine shall be paid to the person prosecuting for the same. 

15. Captains, Sfc. not making returns. — If any captain or commander 
in his Majesty’s navy, or any agent of hospitals for sick or wounded 
seamen, shall neglect to make their returns within a reasonable time, by 
means whereof any .over-payment shall be made, in every such case, the 
.Commissioners of sick and wounded seamen (as the case may be) are to 
deduct from the salary or pay of the captain or commander, or agent of 
hospitals, a sum equal to that which has been overpaid through his 
.neglect. 

16. Revoking allotments of wages. — If any such petty officer, 8zc. 
shall at anjr time be desirous to revoke the allotment he has made, it shall 
be lawful for him so to do, by a writing under his hand addressed to the 
commissioners of the navy, and accompanying such his revocation with a 
certificate from the minister and churchwardens or elders ol the parish 
where his wife resided at the date of his declaration and order of pay¬ 
ment, .declaring that, in their opinion, such petty-officer, &c. has just 
and reasonable cause for such his revocation; and if the commissioners of 
the navy, upon receiving such revocation and certificate, shali be satisfied 
of the reasonableness thereof, they shall immediately give notice thereof 
to the treasurer of the navy, or to the receiver-general of the land-tax. 
Sec. to whom the order of payment was addressed, directing him to stop 
all future payment i .ereon; and the treasurer of the navy, or such cob 
lector of the land-tax. See. shall indorse upon the notice of such coun¬ 
termand the date when jhe receives the same, and shall, within two days 
alter, acknowledge the receipt thereof to the commissioners of the navy, 
.•and shall not, after receipt of such notice, make any farther payment to 
the wife; but the husband shall thereafter be entitled to the whole of his 
wages, until he shall make another declaration or order for payment, 
yvhich he is enabled to do notwithstanding his having revoked the former. 

17. Jf the uife neglects the children. — If the \vife of any such petty 
officer, &c. shall desert or otherwise neglect such child or children, 
whereby any of them, being under the age ot fourteen, shall, for one 
month or more, become chargeable upon any parish, it shall be lawful for 

V Z the 


34 


REGULATIONS OF THE WAGES 


the minister and churchwardens or elders of such parish to certify the fact 
to the commissioners of the navy, and also their intention to appoint a 
proper person to receive and apply, to the use of such child or children, 
that part of the wages which the father had allotted to his wife and chiJU 
dren; and, if the commissioners of the navy shall be satisfied with the 
reasonableness thereof, they shall proceed in the same way and manner 
to the appointment of a proper person to receive and apply that allotment 
of wages, as if the wife had died ; and, from the date of such appoint¬ 
ment, the wife shall not receive any part thereof. 

IS. Petty officers, tyc. dying. — As soon as it shall appear to the com-' 
missioners of the navy that any such petty officer, &c. has either died, 
been dismissed from, or in any other manner quitted, the service of his 
Majesty, the said commissioners shall immediately communicate such in¬ 
telligence to the persons directed to pay the allotted wages (who are to 
acknowledge the receipt of such intelligence in two days, on penalty of 
20l.) and who are not to pay any more than up to the day of the death, 
discharge, or absence, of such petty officer, &c. 

19. Wife or mother dying. — As soon as it shall come to the knowledge 
of the minister, churchwardens, or elders, of any parish, that the wife 
or mother of any such petty officer, &c. is dead, such minister, church¬ 
warden, or elder, shall immediately give notice thereof by letter, to the 
commissioners of the navy, or to the receiver-general of the land-tax, 
&c. from whom such wife or mother shall have received the allowance 
allotted to her; and sucli receiver-general of the land-tax, &ic. shall im¬ 
mediately indorse on such letter the day when he receives the same, and 
shall forthwith transmit it to the commissioners of the navy, and shall not 
thereafter make any farther payment until he shall receive the farther dir 
lections of the commissioners of the navy thereon. 

20. Receivers-general, tyc. to be repaid by the commissioners of the navy . j 
—- The receipts taken from such wife or mother, or person appointed on » 
the death of the wife, together with the certificates of the minister and \ 
churchwardens, or elders, being produced at the navy r -office, shall be I 
immediately assigned for payment by the commissioners of the navy, and j 
shall be immediately repaid by the treasurer of the navy to such receiver^ ] 
general of the land-tax, &c. * 

Sf i. Treasurer’s vouchers. — Receipts and certificates taken by the I 
treasurer of the navy, for payments made by him, and all the payments 
inade by him to any receiver-general of the land-tax, &c. shall be suffi- I 
cient vouchers in passing his accounts. 

22. Payments in Ireland . — As soon as an act shall be passed by the j 
legislature of Ireland, making provision for payments in that country, j 
any petty officer, seaman, or landman, non-commissioned officer of roa- ] 
ri,ies \ or marine, may desire that such part of his wages which he shall 
allot for the maintenance of his wife and child or children or mother, may 
be paid by any collector of the revenue, or revenue officer, in Ireland ; I 
and, in such case, the regulating officer, or the captain or commander of 
such ship as aforesaid, as the case may be, in the list he is herein-byfore j 
directed to make out, is to mark, in a separate column, that such pav- ' 
inent is to be made in Ireland, ahd the address of the revenue officer by 
whom such payment is to be made ; and such regulating officer, or cap- 
tmn, or commander,. shall, upon the ■ triplicates of such declaration and 
order of payment, address the same to such revenue officer in Ireland; 
and the commissioners of the navy, upon receiving such lists, decla¬ 
rations, and orders, as aforesaid, shall proceed in manner as before di¬ 
rected for payments made in Great Britain. 

23. Payments 


OF THE ROYAL NAVY. 


85 


23. Payments in Irclqnd. —- On the death of the wife of any petty offi¬ 
cer, &c. who resided in Ireland, the same rules, orders, and regulations, 
shall be observed, with respect to the appointing of a proper person in 
Ireland to receive the allotment for the maintenance of the children, as 
are before directed respecting the children of such petty officer, &c.' 
whose wives die in Great Britain, except that the triplicate of the ap¬ 
pointment of such person shall be transmitted to the commissioners of 
the revenue in Ireland. 

24. Payments in Ireland. —The treasurer of the navy is to pay to the 
commissioners of the revenue in Ireland, or their order, such sums as 
tlvey may have paid upon account of wages as before directed, upon their 
producing the receipts of such wife, mother, or person, appointed as 
before mentioned, and the certificates of the minister and churchwardens 
or elders, to the commissioners of the navy, they having previously as¬ 
signed the same for payment. 

2.5. Payments to wife, Syc. to be without deductions. — Every sum of 
money to be paid to such wife, mother, or person appointed to receive 
for the use of the children, shall be fully paid without any deduction or 
abatement, or under the pretence of reimbursement of any expense 
whatsoever, although part thereof may be in fractions of the smallest 
denomination; and every person, with-holding any part under any pre¬ 
tence whatsoever, shall, for every such offence, forfeit twenty pounds, 
which shall be paid to the person prosecuting for the same. 

26. Letters post-free. — Letters from and to the cashier of the treasurer 
of the navy to be free of postage, 

27. Letters not relating hereto. —But, if the cashier send under cover 
any paper not relating to this act, he is to forfeit of* 100 for every offence. 

28. Inspection of muster-books, SfC. —The treasurer or paymaster of 
the navy, &c. may inspect muster-books, &c. 

29. Persons allotting borne for the balance. — Petty officers, &c. who 
make allotments of pay are to be borne on the ship’s books for the ba¬ 
lance only. 

30. Forging. — Persons forging orders for payment, &c. to suffer 
death. 

31. Abstracts, Syc. —The admiralty to direct the commissioners of the 
navy to deliver to regulating officers and captains forms of declarations 
and orders of payment; and the treasurer to cause to be printed and de¬ 
livered an abstract of the provisions of this act to the commissioners of 
the navy, &e. Admiralty to cause copies of abstract to be delivered to 
captains of ships to be read over with the articles of war, as directed by 
32 Geo. III. c. 17. 


Abstract of an Act for establishing a more easy and expeditious Method for 
the punctual and frequent Payment of the Wages and Pay of certain Offi¬ 
cers belonging to his Majesty’s Navy. — 35 Geo. III. c. 94. 


1. Officers appointed to ships may receive their half-pay. — When an of¬ 
ficer is appointed to a ship, he may apply to the commissioners of his 
Majesty/s navy for an order from the treasurer to pay him the arrears of 
half-pay that may be due to him, and, if no imprest stand against him, 
(which in that event they shall certify,) he may receive the amount at the 
pay-office in London, or by his attorney ; and in either case his commis¬ 
sion or' warrant must be produced, together with the certificate of no 
imprest, and the usual affidavit and other documents in such cases ro- 
quired. 

G 3 2. Three 


REGULATIONS OF THE WAGES 


2. Three months advance of full pay. — If the ship ta which he is ap*» 
pointed shall be in the River Thames, he may apply to the commission¬ 
ers of the navy, or to the resident commissioner, if such ship or vessel 
shall be at any of the out-ports where a commissioner.resides, for a» 
order to enable him to receive three months full pay in advance, which 
shall be paid by the treasurer at the pay-office in London, or by his 
clerks at any of the out-ports, on producing the said orders with the cer¬ 
tificate of no imprest. If he shall return to half-pay before the expiration 
of three months, an imprest shall be placed against his growing halt-pay 
for the amount of the sum so advanced, or such part thereof for which he 
shall not have served on full-pay. 

3. When officers may draw for their pay. — At the expiration of every 
three, six, or twelve, months, or of any longer period as may be thought 
proper, any commissioned officer, master, or surgeon, may draw * bills 
in duplicate or triplicate, as the case may require, upon the commission¬ 
ers of the navy for the nett amount of pay due to him ; which bilkv shall 
specify the rate and name of the ship, the rank of the officer drawing the 
same, and the full amount of the pay due to him ; also the amount of the 
usual deductions and abatements to which the same shall be liable, and 
the nett residue of the pay so to be drawn for. But no commissioned 
officer, master, or surgeon, shall be permitted to draw for the first three 
months after he shall have received three months advance. 

4-. JLnv deductions are to be charged. — All deductions or abatements 
required to be made against the pay of officers shall be charged on the 
ship’s books against their personal wages or pay, and not against their 
compensation pay. 

5. Commanders to approve of drafts. —Commanders of ships or ves¬ 
sels to subscribe their names to the bills of lieutenants, masters, or sur¬ 
geons ; and also the word “ approved ” in token of their knowledge of 
their being entitled to draw for such nett amount of personal wages or 
pay. 

6. Officers removed. — If removed from one ship or vessel to another, 
they may draw for the wffiole of the pay due to them to the day of their 
entering on-board the next ship or vessel, provided the time amounts to 
the space of three months or more. 


* FORM of Bill. 

1st rate, [Britannia y Lieut. Thomas Bowling ,] entered 

Full pay from day of to day of 

Amount of deductions - . . —... 

Nett pay - - ■■ 


£ 

£ 

£ 


day of 



[Barbadoes,] day of 

Gentlemen, 

Ten days after sight [my 2d and 3d bills of this tenor and date not being paid] please 
tapay to [John Bull,] or order, the sum of Being the nett personal 

of his Majesty’s ship [Britannia,] between the 
and day ot # for value re¬ 


pay due to me as 


ceivcd. 


day of 


“ Approved,” 

E. F. captain of 


[Thomas Bowling,] 


To the Commissioners of his Majesty’s Navy, 

London, 


7. Captain 




OF THE ROYAL NAVY. 


87 


7. Captains sent to sick-quarters. — Captains and commanders sent to 
sick-quarters, may draw for their personal wages or pay at the expiratioa 
of six weeks from the time of their having been so discharged. 

8, 9, 10 .Lieutenants, masters, or surgeons, sent to sick-quarters. — If 
any lieutenant, master, or surgeon, shall be discharged to sick-quarters, 
the captain or commander of the ship or vessel he belonged to shall cause 
to be made out and delivered to him an extract from the ship’s books 
agreeably to the form annexed : * and if he remains at sick-quarters for 
a longer time than six weeks, the physician or surgeon attending him 
shall certify the same on the back of such extract, at the expiration of 
that time, agreeably to the annexed form ; f and he may then draw bills 
for his pay to that period, dated from sick-quarters. If the ship or ves¬ 
sel he belonged to shall have left the station, any commander of any other 
ship or vessel may approve his bill, in token of his having seen the ex¬ 
tract, and the surgeon’s certificate on the back thereof. 

11 . Captains removed. — Captains and commanders removed from one 
ship or vessel to another before three months pay shall be due, may draw 
bills at the expiration of three months from the last payment, which bills 
shall distinguish the periods they shall have served on-board such ships or 
vessels. 

1 ‘ 2 . Lieutenants, masters , or surgeons, removed before three months pay 
die. — If any lieutenant, master, or surgeon, is removed from one ship 
or vessel to another before three months pay shall be due to him, the cap¬ 
tain or commander of such ship or vessel shall cause .to be made out a 
similar extract, as in case of an officer going to sick-quarters; and, when 
he shall have completed the space of three months from the last payment, 
he may then draw bills, which shall specify the periods he shall have 
served on-board such ships or vessels; and the captain or commander of 
the ship or vessel to which he shall have been so removed, shall subscribe 
his name and the word “ apprqved 

13. Officers draning, when not entitled. —If any officer shall know¬ 
ingly draw any bill for pay to which he may not be entitled, he shall be 
cashiered, and rendered incapable ever after of serving his Majesty in 
any civil or military capacity. 

14, 15. Dates and payment of bills. — r All such bills to be drawn upon 
the .commissioners of the navy, shall be payable ten days after sight, and 
shall be negotiable by indorsement, in the same manner as bills of ex- 

* 

* FORM of Extract from Ship’s Books. 

1 st rate, [Britannia, Lieut. Thomas Bowling] senttp slek-fjuarteis 
1 day of 

Full pay from day of ,, to day of £ 

Amount of deduction — — — — —" £ 

f~zz 

Certified by 
si. B. Captain of 


•j* FORM of Physician or Surgeon’s Certificate. 

\Haslar,] day of 

These are to certify, that [Lieut. Thomas Bowling,] of his Majesty’s ship the [Brin 
tannin,] was received into the hospital on the day of 

and, not being cured, still remains under my care. 

C Physician 


C. D. 


\ Surgeon 
G 4 


of 


change s 



as 


REGULATIONS OF THE WAGES 


change: and when they shall be presented to the commissioners of the 
navy, together with the extracts from the ship’s books and surgeon’s cer¬ 
tificates, as the case may be, if they shall not see cause against it, they 
shall assign the same upon the treasurer of the navy for payment. * 

16. Flag-officer a. r — Flag-officers shall be allowed to include their table- 
money in any bills they may draw under the authority of this act. 

17, 13- liovo the accounts are to be kept in the nary-office. — Two ledgers 
are to be kept, one by the commissioners of the navy, and another by 
the treasurer of the navy, in which an account current is to be opened 
with every officer who shall receive pay under this act. He shall be 
charged therein with the amount of the bills w r hich he shall draw, and 
which shall remain at his debit until he shall have regularly passed his 
accounts. When his accounts shall have been passed, the commissioners 
of the navy .shall grant three certificates, being triplicates of each other, 
specifying the amount of wages or personal pay which he shall have been 
entitled to for his services; one triplicate of such, certificate shall be deli¬ 
vered or transmitted to the officer or his attorney, and the Oliver two tri¬ 
plicates shall be lodged in the offices wherein the ledgers shall be kept; 
and the amount specified in the same shall be placed to the credit of the 
officer upon whose account it shall have been made out. 

19. Treasurer of the navy to pay assignments —The treasurer of the 
navy shall pay all bills assigned upon him by the commissioners of the 
navy in pursuance of this act. 

20, 21, 22. JFfylf-pay, pensions, or bounties, may be received from reve¬ 
nue-officers, Syc. — Any commissioned or warrant officer on half-pay, or 
widow of any commissioned or warrant officer, or other person entitled 
to receive any pension payable bv the treasurer of the navy, or any wi¬ 
dow, parent, or child, of any officer, seaman, or marine, slain in battle 
against the enemy, who shall' be entitled to receive bounty, and shall be 
desirous to receive such half-pay, pension, or bounty, from any revenue- 
officer or clerk of the check near the place of their residence, they may 
apply (whenever they shall be entitled to such bounty, or at the period 
when such half-pay or pension shall be payable, of which due notice 
will be given in the London Gazette) by letter to the treasurer of the 
navy, to have the same paid to them near the place of their residence as 
aforesaid, at the same time transmitting the usual affidavit, vouchers, or 
documents, (as the case may be). The treasurer of the navv shall 
thereupon cause a list to be made out and transmitted to the commission¬ 
ers of the navy, of those who shall appear to be entitled to receive upon 
such application; who shall direct him 1.6 make out two remittance-bills, 
being duplicates of each other, and to transmit one to the person to whom 
it shall be made payable, and the other to the revenuc-officer or clerk of 


* FORM of the Assignment. 

No. I. 


To be paid by the treasurer of his 
received -day of 


Majesty’s navy out of £ 

under the head of wages to pay-officers. 
G. II. ■) 

■ Commissioners of the navv. 


G. H. 1 

I.K. i< 
L.M. A 


By virtue of the act of 35 th George III. 


N. B. The forging of this bill, or procuring any other person to forge the same, in or¬ 
der to receive any part of the wages or pay of any commissioned officer, master, or 
surgeon, in the royal navy, is made felony without benefit of clergy, by the act of 
35 th George III. J J 

the 


OF THE ROYAL NAVY. 




the check named by such person, who shall pay live same on production 
of the duplicate without fee, reward, or deduction, on any pretence 
whatever, if claimed within six calendar months. Such bills, with the 
duplicates thereof, to be transmitted by the person who shall pay the 





revenue-officer or clerk of the check shall return them to the treasurer of 
the navy, to be cancelled, and the amount due upon them will remain 
due to the party, to be paid upon any future application. 

23. When revenuc-ijficei'S, dye. are to pay persons applying to them. — If 
the revenue-officer shall not have money in his hands when such bill is 
tendered to. • him, he shall indorse thereon the date of its being so ten¬ 
dered to him, and the cause of his refusal to pay the same, and shall ap¬ 
point another day within the space of one month from the date oi the bill 
being presented to him; and, if he., shall unnecessarily delay the pay¬ 
ment, or receive or take any fee, reward, gratuity, discount, or deduction, 
whatever, he shall be subject to a line not exceeding fifty pounds. 

24. Infirm persons need not apply in person. — If the party is disabled 
by infirmity from applying in person to the revenue-officer to whom the 
bill is addressed, it shall be paid to their order in writing, on producing a 
certificate to that effect from the minister and churchwarden, or elder, or 
the physician, surgeon, or apothecary, attending tliem, and upon a pro¬ 
per receipt being given on the back of the same, witnessed by the person 
who receives the money. 

25. 26, 27. When to extend to Ireland. — As soon as an act is passed 
by the legislature of the kingdom of Ireland, extending the provisions.of 
this act to that country, the same indulgences and advantages will .he 
extended to parties of the same description residing in Ireland. 

28. Payments to he without deductions. — All bills, Szc. herein-before 
directed to be drawn, shall be paid, without any deduction or abatement 
whatever; and every person withholding any part thereof, under any 
pretence whatever, to be fined twenty pounds. 

29. Packets post-free. — All packets and letters in the execution of 
this act, shall be sent, postage-free, by the person appointed by the trea-i 
surer of the navy; and, if he shall send any other papers under any pie-' 
tence whatever, he shall be fined in a penalty of one hundred pounds. 
[Sdch person so appointed shall uot receive letters or packetsfree; but all such 
letters and papers on the business of this act must he addressed in the follow-' 
ing words : To the Treasurer or Paymaster of his Majesty s Navy , Lon--, 
don .”] 

30. Treasurer’s vouchers. — All orders, bills, remittance-bills, or cer¬ 
tificates, paid by the treasurer of the navy, shall be deemed sufficient 
vouchers on passing his accounts. 

31. 32. Free of stamps. — Ail orders, bills, remittance-bills, or certi¬ 
ficates, drawn under the authority of this act; and ali other bills drawn 
by the commissioners of the navy, victualling, sick and hurt, and trans¬ 
ports, upon the treasurer of the navy, under the authority of any other 
acts, shall henceforward be free from stamp-duty ; nor shall any stainp- 
receipt whatever be required for moneys paidj on the same ; but the re¬ 
ceipts shall be taken on the back of the instrument by which the money 
is paid. 

33. Remittance-bills 7?iay be paid by the treasurer. — Remittance-bills or 
tickets which bv former acts were directed for payment to the receiver- 



90 


REGULATIONS OF THE WAGES, %c. 


general of the land-tax for the city of London, or county of Middlesex, 
may be directed tor payment to the treasurer of the navy. 

34 . Forging. — The forging of any bill, certificate, order, or extract, 
drawn under the authority of this act, shall be punishable with death. 

35. Abstracts, fyc. — The commissioners of the navy shall issue suffi¬ 
cient quantities of blank bills, &c. with instructions relative to the same, 
to all captains and commanders in the navy, and to all other persons to 
whom the same shall be necessary; and the treasurer of the navy shall 
cause an abstract of this act to be printed, and a competent number of 
copies to be sent to the commissioners of the navy, the commissioners of 
the customs and excise in England and Scotland, and to the clerks of the 
check in the different dockyards, who are to affix the same in some con¬ 
spicuous part of their offices: and the lords of the admiralty are to cause 
a competent number of the same to be delivered to the captain or com¬ 
mander of every vessel in the service of his Majesty. 

Abstract of so much of 37 Geo. III. c. 53, as relates to an increase of the 
allotment of part oj the pay of petty of leers, seamen, fyc. for the main¬ 
tenance of their zvives and families. 

The directions of the act 35 Geo. III. c. 28, for the above purpose, 
(see page 75,) are still continued, but the proportions allotted are altered, 
and are to be calculated according to the following table, viz. 

A TABLE 

Shewing the allowance to be granted by allotment, by petty officers, 
seamen, &c. for the maintenance of their wives and families, calcu¬ 
lated according to the rates of pay per month. 


PAY. 

ALLOWANCE. 

PAY. 

ALLOWANCE. 

Per Month. 

Per Day. 

Per Month. 

Per Month. 

Per Day. 

Per Month J 

£. s. 

d. 

£. 

s. 

d. 

£ 

. s. 

d. 

£. s» 

d. 

£. 

s. 

d. 

£. s. 

d. 

5 0 

0 

0 

1 

9 

2 

9 

0 

2 

2 

6 

0 

0 

9 

1 

1 

0 

4 15 

4 10 

6 

0 

0 

0 

] 

1 

8 

7 

2 

2 

6 

4 

8 

4 

2 

2 

l 

0 


0 

0 

81 

0 

19 

1 ° j 

4 5 

3 15 

6 

6 

0 

0 

1 

1 

6 

4 

2 

1 

2 

17 

0 

4 

J 

1 

19 

19 

s} 

0 

0 

8 . 

0 

18 

8 . 

3 11 

6 

0 

I 

3 

1 

35 

0 

1 

17 

6 

0 

0 

8 

0 

18 

8 J 

3 5 

6 

0 

1 

2 

1 

12 

8 

1 

15 

6 

0 

0 

74 

0 

17 

6 

3 1 

8 

0 

1 

1 

1 

10 

4 

1 

13 

6 

0 

0 

7 

0 

16 

4 

2 19 

2 17 

6 

6 

0 

0 

I 

1 

Hk' 

o c 

1 

1 

9 

8 

2 

0 

1 

1 

11 
10 

6 ? 

6 J 

0 

0 


0 

15 

2 

2 15 

6 

0 

0 

114 

1 

G 

10 

1 

9 

6 

0 

0 

6 

0 

14 

0 

2 13 

4 

0 

0 

11 

1 

5 

8 

1 

3 

6 

0 

0 

5 

0 

11 

8 

2 10 

6 

0 

0 

101 1 

4 

6 

1 

2 

6 

0 

0 

4| 

0 

10 

6 

2 7 

6 

0 

0 

10 

1 

3 

4 

0 

19 

3 

0 

0 

4 

0 

9 

4 

2 5 

6 

0 

0 

n 

! i 

1 

2 

2 

l 

14 

0 

0 

0 

3 

0 

7 

0 


CHAPTER 


























REGULATIONS relative to PRIZES taken, 4'C. 91 


CHAPTER V. 


REGULATIONS RELATIVE TO CAPTURES BY SEA AND LAND, BOTLf 


Bl r HIS MAJESTY'S SHIPS AND PRIVATE VESSELS OF WAR, DUR¬ 


ING THE LATE HOSTILITIES. 


Abstract cf an Act for the Encouragement of Seamen,, and for the better 
and more effectually manning his Majesty 3 s Navy. 33 Geo. Ill c. 66. 


1. To idiom prizes belong. 



HE flag and other officers, seamen, mariners, and soldiers, on- 


JL board every vessel of war in his Majesty’s pay, shall have the sole 
interest and property of and in all and every ship, vessel, goods, and 
merchandises, which they have taken since the 11th of February, 
1793, or shall hereafter take during the continuance of hostilities 
against France, after the same shall have been adjudged a lawful prize,' 
to be divided in such proportions, and after such manner, as his Ma¬ 
jesty hath, by his proclamation of the 17th of April, 1793, already- 
ordered and directed, or as his Majesty shall think fit to order and di¬ 
rect, by proclamation or proclamations to be issued for those purposes.* 

2. To idiom belong prizes, that have been defended by any forts. —The 
flag and other officers, seamen, mariners, and soldiers, on-board every 
vessel of war in his Majesty’s pay, being armed, officered, and em¬ 
ployed in his Majesty’s service, who shall take any fortress upon the 
land, or any arms, ammunition, stores of war, goods, merchandise, 
and treasure, belonging to the enemies of Great-Britain, upon the 
land, or any ship or vessel, or merchandises, laden on-board the same, 
in any creek, river, haven, or road, belonging to and defended by the 
said fortress upon the land, shall have the sole interest and property in 
the same, after final adjudication thereof as lawful prize, to be distri¬ 
buted in such proportions and manner, as is before-mentioned. 

3. In conjunct expeditions, prizes to be divided as his Majesty may direct. 
— In all conjunct expeditions of the navy and army against any such 
fortress -upon the land, directed by instructions from his Majesty, the 
flag and general officers and commanders, and other officers, seamen, 
mariners, and soldiers, acting in such conjunct expedition, shall have 
such proportionable interest and property in the capture as his Majesty, 
under his sign manual, shall think fit to direct. 

4. But, zdiere no instructions have been given, commanders may agree 
about the distribution. — If no instructions shall have been given by his 
Majesty for tire division of the ships, goods, and merchandises, to be cap¬ 
tured in any expedition against any fortress on the land, the respective 
commanders-in-chief of the fleet and of the army employed may make 
agreements in writing for the division thereof, which agreements, be¬ 
ing approved and confirmed by his Majesty, shall be binding on ail 
persons, and the share assigned to the fleet by such agreement shall be 
distributed according to his Majesty’s proclamation before-mentioned. 

b. Exception of the army's interest .— 'File interest and property, hereby 
given to the army employed on such conjunct expeditions, shall not cx- 


* The proclamation is inserted at the end of this act of parliament, 


«, tend 


£2 


REGULATIONS relative to PRIZES taken” 


tend to entitle the said army to share in the distribution of any ships or* 
vessels, goods, merchandise, or effects, captured in the voyage to or 
from such fortress. 

6 . Shares forfeited to Greenwich-Hospital* — The shares of all officers 
and seamen who shall be marked run, and also all shares not legally de¬ 
manded within three years after the same shall have been paid into 
Greenwich-Hospital, shall be forfeited to the said hospital; unless (with 
respect to such as shall be marked run) such mark shall be taken off by 
order of the lords of the admiralty of commissioners of the navy ; and 
unless (with respect to the shares not claimed within the time limited) 
reasonable cause shall be shewn to, and allowed by, the governors of. 
the said hospital, or the judge of the court of admiralty. 

7. Captains deserting their convoy . Vessels, having dispatches on-board, 
pursuing the enemy. — If any captain or other commander of any of his 
Majesty’s vessels of war, having transports or merchant-vessels under 
convoy, shall wilfully desert or sail away from them, in pursuit of, and 
with a view of capturing, any ship or vessel of the enemy (other than 
ships or vessels armed and .fitted for war only, and which shall be seen 
hovering about or bearing down upon such convoy); or, having cap¬ 
tured a prize, shall wilfully desert the convoy for the purpose of carry¬ 
ing his prize into port; or if the commander of any ship or vessel 
whatsoever, having his Majesty’s dispatches on-board, shall sail out of 
his proper course, in pursuit and with the view of making prize of any 
ship or vessel of the enemy ; such commander shall, if duly convicted 
thereof by a court-martial, forfeit his share of every such prize to his 
Majesty for the use of Greenwich-Hospital. 

8 . Captains of merchant-ships under convoy disobeying orders. — If the 
captain of any merchant-ships under convoy shali wilfully disobey sig¬ 
nals or instructions, or any other lawful command of the commander of 
the convoy, or shall desert the convoy without leave, he shall be liable 
to be articled against in the high court of admiralty for disobedience to 
the orders of the convoy; and, upon conviction thereof, shall be fined 
at the discretion of the court, in any sum not exceeding five hundred 
pounds, and shall suffer such imprisonment, not exceeding one year, as 
the said court shall adjudge. 

9. Admiralty may issue letters of marque and reprisal. — The lords of 
the admiralty, or any persons empowered by them, shall, at the request 
of any owner or owners, whom they shall deem fitly qualified, of any 
ship or vessel registered pursuant to act of parliament, (such owner or 
owners giving such bail or security as hereafter is mentioned,) cause to 
be issued in the usual manner one or more commission or commissions, 
or letter or letters of marque and reprisal, to any person whom such 
owner or owners shall nominate to be commander, or in case of death 
successively commanders, of such ship or vessel, for the attacking, sur¬ 
prising, seizing, and taking, any place or fortress upon the land, or 
any ship or vessel, arms, ammunition, stores of war, goods, or mer¬ 
chandise, belonging to or possessed by any of his Majesty’s enemies, in 
any sea, creek, haven, or river; and that such ships or vessels, arms, 
ammunition, stores of war, goods, and merchandises, whatsoever, with 
all their furniture, tackle, and apparel, so to be taken by such private 
ship or vessel, according to sucii commission, shall wholly belong to 
and be divided among the owner and owners of such ship or vessel, 
and the several persons who shall be on-board the same, and be aiding 
and assisting, in the taking thereof, in such shares .and proportions as 
shall be agreed on with the owner or owners, their agents or factors. 

10. Prizes 


"by HIS MAJESTY’S SHIPS and PRIVATEERS. 


93 


10. Prizes taken by revenue-vessels. —Such ships, &c. as may be cap¬ 
tured by any private vessels of war belonging to the commissioners of 
customs or excise, shall belong to his Majesty, and be disposed of as 
his Majesty shall direct. 

11 . IVhat prizes may be included in one adjudication , — The captors may 
include in one adjudication any number, not exceeding six, of small 
armed ships, having a commission from the enemy, not exceeding fifty 
tons each, and taken within three months preceding the application to 
the court of admiralty for such adjudication. 

12 . Private ships of war under convoy of his Majesty y s ships. — Private 
ships of war, which shall receive general orders and instructions from, 
and put themselves under the convoy of, any of his Majesty’s ships or 
vessels, shall not share in any prize or prizes taken by such ships or 
vessels of his Majesty; or by such private ship of war, or letter of 
marque, whilst she shall remain under the care and protection of such 
convoy, unless such private ship or vessel shall have received orders 
from the commander of the convoying ship to chase, or otherwise act 
hostilely against, the enemy^ and shall have been actually aiding and 
assisting in such capture. 

13. Prize-goods not exempt from duties. — Ships, * goods, wares, or 
merchandises, taken as prize, and brought into this kingdom, or any 
of his Majesty’s dominions, shall not be exempt from the payment of 
any customs or duties, or from being subject to the restrictions and regu¬ 
lations to which the same now are, or shall hereafter be liable, by vir¬ 
tue of the laws and statutes of this realm. 

14 . Bail and security given before letters of marque are issued. — Before 
the granting of any commission or letter of marque, in pursuance of 
this act, bail and security shall be taken as hath been usual in such 
cases ;f and, previous thereto, the persons who propose to give such 
security shall make oath before the judge of the high court of admiralty 
of England, or of any other court of admiralty which shall be autho¬ 
rised, in any other of his Majesty’s dominions, or his or their surrogates, 
that they are, at the time of their being sworn, respectively worth more 
than the sum for which they are to be bound, over and above all their 
just debts: and moreover, the marshal of the said court of admiralty,, 
or his deputy, shall make inquiry of the sufficiency of such bail, and 
make thereupon a report to such judge, or his surrogate, before any 
such commission or letter of marque shall be granted. 

15. IIozv to proceed to obtain letters of marque. — Every person who 
shall apply to the lords of the admiralty, in order to obtain any commis¬ 
sion or letter of marque, shall make such application in writing; and 
therein set forth a particular, true, and exact, description of the ship or 
vessel for which such commission or letter of marque is requested, spe¬ 
cifying her name and burthen, what sort of built she is, the number and 
nature of the guns on-board the same, to what place belonging, the 
name or names of her owner or owners, and the number of men intended 
to be put on-board the same ; all which particulars shall be inserted in 
every commission or letter of marque to be granted in pursuance of this 
pet: and every commander of a private vessel of war, for which a 
commission or letter of marque shall'be granted, shall produce such com- 

* See hereafter, with regard to ships, the act of 34 Geo. III. c. 70,, tor exempting 
prize-ships from the payment of duty ; and lee likewise, with respect tp prize -goqds t 
the act of 33 Geo. III. c. 34, inserted hereafter, 

-f- The bail and security given will be found, at the end of this chapter in the instruc¬ 
tions fer commanders of private ships of war, 

* ' ' missies 


REGULATIONS relative to PRIZES taken 


& 

mission or letter of marque to the collector, customer, or searcher, of 
bis Majesty’s customs, belonging .to the port whence such vessel shall be 
iirst fitted out, or to his lawful deputy; and the said collector, Sic. or 
his . deputy, shall, without fee or reward, inspect and examine such 
ship or vessel, so as to ascertain the built and burthen thereof, the nun> 
her of men, and the number and nature of the guns on-board the same ; 
and, if such ship or vessel shall be found to be of such built and burthen, 
and be manned and armed according to the tenor of the description in¬ 
serted in such commission or letter of marque, or be of a greater bur¬ 
then and force, then, and not otherwise, such collector# &c. shall im¬ 
mediately, upon the request of the commander of such ship or vessel, 
give a certificate thereof in writing, under his or their hand or hands, 
gratis, to such commander; which certificate shall be deemed a neces¬ 
sary clearance before such ship or vessel shall be permitted to sail from 
that port: and, if the commander of any ship or vessel for which any 
commission or letter of marque shall have been granted, shall depart 
before he hath received such certificate, or proceed upon a cruise, nvith 
a-force inferior to that specified, every such commission or letter of 
marque shall thenceforth be absolutely null and void ; and the commander 
so offending shall forfeit the sum of one thousand pounds, (to be reco¬ 
vered, with full costs of suit, by any person who will sue for the same,) 
and shall also be imprisoned for such time as such court shall direct, not 
exceeding one year for any offence. 

16. Penalty on collectors granting false certificates. — If any collector, 
Szc. shall grant a certificate for any ship or vessel not of the burthen and 
force specified in the commission or letter of marque, or shall certify to 
a greater burthen or force than she really is, he shall for every such 
offence forfeitliis office, and be for- ever incapable of holding any office 
under government whatsoever, and shrill also forfeit one hundred pounds, 
to be recovered with full costs of suit, by any person who will sue for 
the same; and one moiety of the said penalty shall be paid to the in¬ 
former, and one moiety to fhe treasurer of the merchant-seaman’s hos¬ 
pital. 

17. Tonnage of letters of marque to be ascertained by registry. — The 
burthen of such ship or vessel so to be certified shall be ascertained by 
her certificate of registry, which certificate shall he produced by the 
lords of the admiralty before the issuing of the commission. 

18. Letters of marque licensed under 2d Geo. III.c. 47. — Every ship 
and vessel, for which such commission or letter of marque shall be 
granted, and while the same shall remain in force, but no longer, shall 
be deemed and taken to be licensed pursuant to the act of the 24 Geo. 
III. c. 47, for the more effectual prevention of smuggling in this king¬ 
dom, although the owner thereof shall not have been furnished with the 
license required by the said act. 

19. IJozv letters of marque may be forfeited. — In case the owner, 
owners, or commander, of any ship or vessel, for which such commis¬ 
sion or letter of marque shall be issued, shall be guilty of any offence 
contrary to any act of parliament for the protection of the customs or 
excise, or for the prevention of smuggling, such owner, owners, or 
Commander, shall forfeit the commission or letfer of marque so issued, 
besides all other penalties and forfeitures which shall be incurred by rea¬ 
son of such offence. 

20. Revoking letters of marque. — The lords of the admiralty may re¬ 
voke and make void, by any order in writing under their hands, any 
commission or letter of marqup : provided, nevertheless, that the secre¬ 
tary 


by his MAJESTY’S SHIPS and PRIVATEERS. 


95 


iary of the admiralty shall, with all convenient speed, after such revo¬ 
cation, cause notice thereof in writing to be sent to the owner or owners 
of the ship or vessel named or described in such o der of revocation, or 
to his or their agent or agents, surety or sureties, or some or one of 
them; and in case such ship or vessel shall be in the channel, the said 
commission or letter of marque shall cease at the expiration of twenty 
days after such notice given, or sooner, if notice shall be actually given, 
in writing, by the secretary of the admiralty to the captain or commander 
thereof; and in case such ship or vessel shall be in the Northern Seas, 
at the expiration of thirty days; if to the southward of "ape Finisterre, 
or in the Mediterranean, at the expiration of six weeks; if in North 
America, or in the West-Indies, at the expiration of three months; 
and, if in the Fast Indies, at the expiration of six months. And any 
commander, owner, agent, or surety, of any such ship or vessel, whose 
commission shall be so revoked, may complain thereof to his Majesty in 
council within thirty days next after the notice given. Provided always* 
that in case any such order of revocation shall be superseded, such com¬ 
mission or letter of marque shall be deemed to have continued in force, 
and all prizes taken by virtue thereof shall belong to such owners or 
captors, in such manner as the same would have been in ease such order 
of revocation had not been made: provided also, that no person shall 
be liable (before he shall have received personal notice of such order of 
revocation) to be punished for doing any thing which he might have 
lawfully done, in case such order of revocation had not been made out. 

21. IIozv offenders on-board letters of marque are to be punished. — Alt 
offences committed by any officer or seaman on-board any privateer 
or letter of marque, during the hostilities with France,, shall be tried 
and punished in such manner as the like offences are tried and pu¬ 
nished in his Majesty’s fleet: provided always, that all offenders, accused 
of such crimes as are cognizable by a court-martial, shall be confined 
•on-board such privateer, or letter of marque, in which such offence 
shall be committed, until they arrive at some port in Great Britain or 
Ireland, or can meet with such a number of his Majesty’s ships of war 
abroad as are sufficient to make a court-martial; and, upon application 
made by the commander of such privateer, or letter of marque, to the 
lords of the admiralty, or to the commander-in-chief or senior officer of 
his Majesty’s said ships of war abroad, the said lords of the admiralty, 
or such commander-in-chief, or senior officer abroad, are authorised and 
required, in the usual manner, to call a court-martial for trying and pu¬ 
nishing the said offences, 

22. Letters of marque subject to colonial regulations. — All commanders 
of private ships of war, or letters of marque, shall, upon their going 
into any of the ports or harbours in the colonies or plantations in Ameri¬ 
ca, be subject to the several laws in force in those colonies relative to 
the carrying off any servant or slave therefrom, without the consent of 
the owner, or of any other person, until they have taken out his ticket 
from the secretary’s office there. 

2d and 21. — These two sections contain regulations and directions 
for the courts of admiralty relative lo the determination of prize-causes; 
and, as these subjects rather concern the civilian and proctor than the 
officers of the navy and commanders of privateers, they are here 
omitted. 

25. Regulations for captures to be condemned, abroad. — All capture* 
which shall be brought into any of his Majesty’s dominions abroad, in 
order to be proceeded against in a court of vice-admiralty, sliall, with¬ 
out 


REGULATIONS relative to PRIZES iaken 


56 

out breaking bulk, stay there, and be under the joint care and custody 
of the collector and comptroller of the customs, (and, where there is no 
comptroller, then of the naval officer,) and the captors and claimants 
thereof, or their agent or agents, subject to the direction of such court 
of vice-admiralty, until the same shall by dual sentence have been ei¬ 
ther cleared and discharged, or condemned as lawful prize, or until 
some interlocutory order shall have been made for releasing or delivering 
the same; and, upon final condemnation, shall be immediately, deli¬ 
vered unto the capital's thereof, or their agents. 

26 All books, Sfc. ou-board of captures to be brought into the court of , 
admiralty. -— All books, papers, and writings, found in any ship or ves¬ 
sel taken as prize, shall, without delay, be brought into the registry of 
the court of admiralty upon oath ; but only such of them shall be made 
use of and translated as shall be necessary for ascertaining the property 
of such ship or vessel, and cargo thereof. 

27. fees in the vice-admiralty courts. —There shall not be paid unto 
or among the judge and officers of any court of vice-admiralty abroad, 
tor, towards, or relating to, the adjudging or condemning such capture, 
above ten pounds, in case such prize ship or vessel be under the burthen 
of one hundred tons; nor above fifteen pounds, in case the same be of 
that or any greater burthen, after payment or tender to such judge of 
the said respective sums, as the case may require, if any such judge or 
other officer shall-wilfiyily delay the doing, performing, making, or pro¬ 
nouncing, any of the several proceedings or things, for, towards, or 
relating thereto, the condemning or discharging, releasing or deliver¬ 
ing, of any such capture, every such judge or other officer shall for 
every such offence forfeit five hundred pounds; one moiety thereof to 
his Majesty, and one moiety thereof, with lull costs of suit, to such 
person as shall inform or sue for the same. 

28, 29, 30, 31, 32, 33, 3t, 35.—These sections relate to the 
mode of conducting appeals from the sentence of the admiralty-courts, 
and relative to other matters which concern only the persons employed 
to conduct prize-causes; and are therefore omitted. 

36. Privateers ransoming their captures. — In case any commander of 
any private ship or vessel of war, commissioned as aforesaid, shall agree 
tor the ransom of any ship, vessel, or cargo, or any part thereof, after 
the same shall have been taken as prize; and shall, in pursuance thereof, 
actually quit, set at liberty, or discharge, any such prize, instead of bring¬ 
ing the same into some port; then, every such commander so acting, 
(unless in a case of extreme necessity, to be allowed by the courts of 
admiralty,) shall forfeit his letter of marque, and shall suffer such pe¬ 
nalties of fine and imprisonment as the said court shall adjudge. 

37. Ransoms unlazifuL — It shall not be lawful for any of his Majesty’s 
subjects to ransom, or contract or agree to ransom, any ship or vessel 
belonging to any of his Majesty’s subjects, or any merchandise or goods 
on-board the same, captured by the subjects of any state at war with his 
Majesty, or by any persons committing hostilities against his Majesty’s 
subjects. 

38. Agreements, fyc. for ransom void . — All contracts and agreements 
entered into, and all bills, notes, and other securities, given, by any 
person, for ransom of any ship or vessel, merchandise or goods on, 
board the same, , contrary to this act., shall be absolutely null and void ii> 
law, and of no effect whatever. 

39. Penally for ransoming . — If any person shall, contrary to this 
act, rapsom, or contract, or agree to ransom, any such ship or vessel, 

merchandise. 


BY HIS MAJESTY’S SHIPS and PRIVATEERS. 


9? 


merchandise or goods on-board the same, every person so offending 
shall, for every such offence, forfeit five hundred pounds, to be reco¬ 
vered, with fuil costs of suit, by any person who shall sue for the same. 

40. Head-money — There shall be paid, by the treasurer of his Ma¬ 
jesty’s navy, unto the officers, seamen, mariners, soldiers, and others, 
who shall have been actually on-board any of his Majesty’s ships of war, 
or of any privateer, at the taking, sinking, burning, or otherwise de¬ 
stroying, any ship of war or privateer belonging to the enemy, since 
the 11th of February, 1793, and during the present hostilities with 
France, five pounds for every man who was living on-board any ship or 
vessel so taken, sunk, burnt, or otherwise destroyed, at the beginning 
of the attack or engagement between them: the numbers of such men 
to be proved by the oaths of three or more of the chief officers or men 
of the said ship or privateers of the enemy, or (in case so many as three 
shall not survive the engagement) upon the oath of such of them as 
shall survive, before the mayor or other chief magistrate of the port, 
within any of his Majesty’s dominions, whereunto any such prize, or 
her officers or men, shall be brought, or before jthe British consul or 
vice-consul residing at any neutral port, to which such prize, or officers 
or men, shall be brought; and upon the production of a certificate 
thereof to the commissioners of the navy, together with an authentic 
copy of the sentence of condemnation; or, where such certificate can¬ 
not be had and obtained, then upon producing only a copy of the sen¬ 
tence of condemnation, whereby the number of men on-board such 
ships of the enemy shall appear to have been proved ; or, if such ships 
be sunk, burnt, or otherwise destroyed, on producing only a certificate 
from the mayor or other chief magistrate, or consul or vice-consul, as 
aforesaid; the said commissioners of the navy shall, within fifteen days, 
make out bills for the amount of such bounty, to be divided amongst the 
officers, seamen, mariners, and soldiers, on-board his Majesty’s ships 
of war, as by his Majesty’s proclamation for granting the distribution 
of prizes, already issued, or to be issued for that purpose, is or shall be 
directed and appointed, and amongst the owners, officers, or seamen, 
of any private ships or vessels of war, in such manner and proportion 
as, by any agreement in writing, they shall have entered into for that 
purpose, shall be directed. In all cases where such oath and certificate 
cannot be administered and granted at the first port whereunto any prize, 
or officers or men of such ships, shall be brought, such oath may be 
taken before the mayor or other chief magistrate of any port within any 
of his Majesty’s dominions, or before the British consul or vice-consul 
residing at any neutral port whereunto any prize, or officers or men, of 
any ships that have been taken, sunk, burnt, or otherwise destroyed, 
shall at any time afterwards be brought. Provided also, that where 
such oath of the number of men on-board any ship or ships so taken, 
burnt, sunk, or otherwise destroyed, cannot be had, by reason of the 
total destruction of the officers and crew of such ship or ships, then the 
number of men on-board such ship or ships at the beginning of the 
attack or engagement shall be ascertained by such evidence asunder the 
circumstances of the case shall, by the judge of the high court of ad¬ 
miralty, or by the judge of any other court duly authorised, be deemed 
sufficient proof thereof. 

41. Head-money bills made payable to the agents. — The bill or bills, to 

be made out for the bounty hereby granted to the commanders; &c. of 
his Majesty’s ships of war, shall be made payable to such person or 
persons as shall be authorised and appointed agents for appraisements 
r H and 


REGULATIONS relative to PRIZES taken 


93 

and sales of prizes. The bill or bills, to be made out for the bounty 
hereby granted to privateers, shall be made payable to such person or 
persons as shall be nominated and appointed by the owner, officers, and 
seamen, of such privateer, or the major part of them. 

42. Salvage upon re-captures. — If any ship or vessel, or boat, or any 
goods therein, taken as prize, shall appear and be proved, in any court 
of admiralty, to have belonged to any of his Majesty’s subjects, which 
were before taken or surprised by any of his Majesty’s enemies, and at 
any time afterwards again surprised and re-taken by any of his Majesty’s 
ships of war, or any privateer, or other ship, vessel, or boat, under 
his Majesty’s protection and obedience, .that then such ships, vessels, 
boats, and . goods, and every such part or parts thereof, as aforesaid, 
formerly belonging to such his Majesty’s subjects, shall in all cases 
(save in such as are hereafter excepted) be, by decree of the said court 
of admiralty, restored to such former owner or owners, or proprietors, 
he or they paying for and in lieu of salvage (if re-taken by any of his 
Majesty’s ships) one-eighth part of the true value of ships, vessels, 
boats, and goods, respectively, so to be restored; which said salvage 
of one-eighth shall be answered and paid to the re-captors: and, if 
re-taken by any privateer or other ship, vessel, or boat, one-sixth part 
of the true value of the said ships, vessels, boats, and goods: all 
which payments to be made to the owner or owners, officers, and 
seamen, of such privateer, or other ship, vessel, or boat, shall be with¬ 
out any deductions, and shall be divided in such manner and propor¬ 
tions as shall have been agreed on by them as aforesaid; and, in case r 
such ship, vessel, or goods, shall have been re-taken by the joint ope¬ 
ration of one or more of his Majesty’s ships, and one or more private 
Ship or ships, then the judge of the high court of admiralty, or other 
court, having .cognizance thereof, shall adjudge such salvage to be paid 
to the re-captors, by the owner of such re-taken ship, vessel, or goods, 
as he shall deem fit and reasonable ; which salvage shall be accordingly 
paid to the agents of the re-captors in such proportions as the said court 
Shall adjudge : but, if such ship or vessel so > re-taken shall appear to 
have been, after the taking by his Majesty’s enemies, by them set forth 
as a ship or vessel of war, the said ship or vessel shall not be restored to 
the former owners or proprietors, but shall in all cases, whether re¬ 
taken by any of his Majesty’s ships or by any privateer, be adjudged 
lawful prize for the benefit of the captors. 

43. Persons restoring prizes before adjudication. — In case any ship of 
vessel, goods or merchandises, shall be taken or re-taken, and restored, 
by the commander of any privateer, or other ship, vessel, or boat, un¬ 
der his Majesty’s protection and obedience, through consent, or clandes¬ 
tinely, or by collusion pr connivance of such commander, without being 
brought to adjudication, the ship or vessel, goods and merchandise, so 
taken, and re-taken, and restored, and also the ships tackle, furniture, 
apparel, arms, and ammunition, shall, upon proof thereof to-be made 
in any court of admiralty, be declared and adjudged to be good prize 
to his Majesty; one moiety whereof shall be to the use of his Majesty, 
and one moiety to the use of such person who shall discover and sue 
f6r the same; and the bond given by the captain or commander of such 
privateer, or other ship, vessel, or boat, shall be forfeited to his Majesty; 
and in case any such ship or vessel, goods or merchandise, as aforesaid, 
shall be taken or re-taken, apd restored, by any captain or commander 
of any ship or vessel of war belonging to his Majesty, through consent, 
or clandestinely, or by collusion or connivance of such commander, 

captain. 




BY HIS MAJESTY^ SHIPS and PRIVATEERS. 9 9 

captain, or other officer, such commander or captain shall forfeit one 
thousand pounds; one moiety thereof to the use of his Majesty, and 
one moiety, together with full costs of suit, to the use of such person 
as shall discover and sue for the same ; and such commander or captain 
shall forfeit his command and employment, and shall be incapable of 
holding any office or employment under his Majesty during the space of 
seven years; and the said goods and merchandises, and the ship, tac¬ 
kle, apparel, furniture, guns, and ammunition, so taken or re-taken, 
and restored, in manner aforesaid, shall be adjudged as good prize to 
his Majesty. 

‘ 44. / n zvhat cases re-captured ships may pursue their voyage. — If a ship 
be re-taken before she has been carried into an enemy’s port, it shall be 
lawful for her, if the re-captors consent thereto, to prosecute her voy¬ 
age ; and then the re-captors need not proceed to adjudication till six 
months, or till the return of the ship to the port from which she sailed ; 
and it shall be lawful for the master, the owners, or their agents, with 
the consent of the re-captors, to deliver and dispose of their cargoes, 
before adjudication; and in case the vessel shall not return directly to 
the port from whence she sailed, or. the re-captors shall have no oppor¬ 
tunity of proceeding regularly to adjudication within the six months, 
on account of the absence of the said vessel, the court of admiralty 
shall, at the instance of the re-captors, decree the restitution to the 
former owners, paying salvage, upon such evidence as to the said 
court shall, under the circumstances of the case, appear reasonable; the 
expense of such proceeding not to exceed the sum of fourteen pounds. 

45. Prize-ships considered as British built . — All prize-ships or vessels, 
which shall be legally condemned, shall to all intents and purposes 
whatsoever be considered as British-built ships or vessels, being first 
duly registered according to the provisions of the act of the 26 Geo. 
III. c. 60*. 

46. Persons breaking bulk , or embezzling prize-goods. *— If any com¬ 
mander, officer, seamen, mariners, soldiers, or others, shall break bulk 
on-board, or embezzle any of the money, jewels, plate, goods, mer¬ 
chandise, tackle, furniture, or apparel, belonging to any prize, he 
shall for every such offence forfeit his whole share therein to Green- 
wich-hospital; and shall also forfeit treble the value of all such money, 
jewels, plate, goods, merchandise, tackle, furniture, or apparel, as he 
or they shall embezzle, one-third thereof to be to the use of the said 
hospital, and the other two-thirds, together with full costs of suit, to 
him or them that will sue for the same. 

47. Naval stores on-board of captured vessels. — The commissioners of 
his Majesty’s navy or victualling may purchase, for the service of his 
Majesty, all or any naval stores found on-board any ships of foreign 
nations, brought into any of the ports of this kingdom by any of his 
Majesty’s ships or vessels, or by any private ships of war or letters of 
marque; and the commissioners and officers of the customs shall suffer 
such naval stores, so purchased, to be entered and landed. 

48. 49. False oaths: — Counterfeiting , fyc. — If any person shall falsely 
make oath to any of the matters herein required to be verified on oath, 
or suborn any other person so to do, such person shall suffer the like 
pains and penalties as are incurred by persons committing wilful and 
corrupt perjury. If any person shall counterfeit, erase, alter, or falsi¬ 
fy, any commission for war, or letter of marque, or any warrant for 



* Sec the Navigation Acts in this work, 

" H 2 , 


making 



100 


REGULATIONS relative to PRIZES take* 


making Out the same, or any certificate required by this act, or shall 
make use of any commission for war, of letter of marque, or any warrant 
for making out the same, or any certificate required by this act, or shall 
make use of any such commission for war, or warrant, or any such 
certificate, knowing the same to be counterfeited, erased, altered, 
or falsified, such person shall for every such offence forfeit £500, 
to be recovered, together with full costs of suit. 

50. Appointment of agents for prizes taken by his Majesty*s ships. — All 
appraisements and sales of any ship, goods, wares, or merchandises, 
as shall be taken by any of his Majesty's ships, shall be made by agents 
appointed by the flag-officers, captains, officers, ships companies, and 
others entitled thereto; that is. to say, the flag-officers or flag-officer of 
any fleet or squadron of ships as shall ^ike any prize or prizes, or the 
majority, if more than one, shall appoint one or more person or per¬ 
sons, agent or agents, as aforesaid, then the captains and commanders, 
or captain and commander, intitled thereto, or the majority of them, 
if more than one, may appoint the like number to act for them, and all 
the other officers under the degree of a captain or commander may ap¬ 
point the like number to act for them, and all the crews of the several 
ships companies of the fleet or squadron, or ship's company, and others 
entitled thereto, may likewise appoint the like number to act for them 
in such appraisement and sales. 

51, 52, 53. The agents for prizes are to register in the court of ad¬ 
miralty, where the prize is condemned, their powers of attorney, within 
six months after condemnation, under the penalty of £500. And if 
such agents are appointed after condemnation, they are to register their 
powers within six months after their appointment. 

54, 55. The registers of the courts of admiralty are to transmit, an¬ 
nually, to the treasurer of Greenwich-Hospifal, copies of all letters of 
attorney registered in their courts, under penalty of £500. The ex¬ 
pense of such copies to be paid by the agents. And true copies of those 
letters of attorney and registry shall be evidence of such persons being 
agentfi. \ 

56. Duty of agents after the sale of prizes. — After the sale of any 
prize taken by any of his Majesty's ships, public notification shall be 
given by the persons or,agents appointed ; that is to say, if the prize 
be condemned in any court of admiralty in Great Britain, then the 
agent shall publish such notification, under his hand, in the Gazette, or 
some other newspaper of the island or place where the prize shall be 
condemned, and, if there should be no Gazette or such other newspaper 
published there,.then in one of the most public newspapers of such 
island or place ; and all persons or agents, publishing every such notifi¬ 
cation, shall deliver to the collector, customer, or searcher of his Ma¬ 
jesty's customs, belonging to thb port or place where the prize shall be 
condemned, or his deputy, and if there shall be no such collector. Sec. 
then to the principal officer of the said port, or his deputy, two of the 
Gazettes or other newspapers in which such notifications shall be in¬ 
serted and published ; and, if there should not be any public newspa¬ 
pers in any such island or place, then such agent shall give two such 
notifications, in writing, under his hand, to the said collector, &c. and 
e very such collector, &c. shall subscribe his name on some conspicuous 
part of both the said Gazettes, newspapers, or written notifications, 
respectively, and by the first ship which shall sail (after his receipt 1 
thereof) from such port or place to any port in Great Britain, shall 
transmit to the treasurer of Greenwich Hospital, or his deputy, one of 
the said Gazettes, newspapers or written notifications, and shall pre¬ 
serve 




BY HIS MAJESTY’S SHIPS AND PRIVATEERS. 


101 


serve the other, with his name thereon subscribed as aforesaid, in his 
own custody. In every such notification the said agent shall insert his 
place of abode, and the precise day of the month and year appointed 
<*br the payment of the shares of the prizes to the captors, and all such 
notifications, with respect to prizes condemned in Great Britain, shall 
be published in the London Gazette three days at least before any part 
of any such prize shall be paid to any person or persons entitled thereto; 
and all such notifications, with respect to prizes condemned in any other 
part of his Majesty’s dominions, shall be delivered to the said collector, 
&c. three days at least before any part of any such prize, shall be paid 
to any person or persons entitled thereto; after which notifications, if 
any man’s shares shall remain in the hands of the agents, appointed as 
•aforesaid, cither belonging to such men as shall be run from his Ma¬ 
jesty’s service, or which shall not be legally demanded, within three 
years, then such shares, so remaining in the agent’s hands, or belong¬ 
ing to such men as shall run from his Majesty’s service, shall be paid to 
fhe treasurer of Greenwich-Hospital. 

57. Agents, fyc. not complying with the requisitions of the preceding sec* 
tion . — If any such agent shall neglect or refuse to comply with any of 
the requisitions in the preceding section, every such person or agent 
shall, for such offence, forfeit £100, to be recovered in any of his 
Majesty’s courts of record in Great Britain or America, or elsewhere in 
any of his Majesty’s dominions; and, if any such collector, 8cc. shall 
neglect or refuse to receive or to attest, or shall not transmit or send, 
any such Gazette, newspaper, or written notification, as aforesaid, in 
the manner before directed, every such collector, &c. shall, for every 
such offence, forfeit <^100, to be sued for and recovered in the same 
manner as the above penalty is directed to be sued for and recovered. 

58. Evidence of agency. — Notifications, registered at Greenwich- 
Hospital, to be evidence of agency of the persons named therein. 

59. Agents to exhibit their accounts of sales in the court of Admiralty. — 
All agents appointed shall, after the sale of any prize is completed, and 
before the time of the first payment of the prize-money, exhibit, in the 
.court of admiralty in which the prize was condemned, or in the high 
court of admiralty, a copy of their accounts of sales duly verified upon 
oath, which copy shall be deposited in the public registry of the court, 
and all parties interested shall have liberty to object to the charges 
therein contained; and the said court shall confirm or disallow the ac¬ 
counts, upon hearing the objections, and shall make such farther order, 
touching the said accounts, as the case may require; and any agent, 
who shall neglect this, shall forfeit £500 to the use of Greenwich- 
Hospital, to be recovered in any of his Majesty’s courts of record in 
any of his Majesty’s dominions, and shall moreover be subject to the 
process of the court of admiralty, until he has obeyed the order of the 
said court, by exhibiting a copy of the said accounts, and until the said 
accounts shall be duly confirmed. 

60. Agents to advertise previous to exhibiting their accounts of sales. —> 
Every agent shall, ten days before he exhibits his accounts of sales in the 
registry of the high court of admiralty, cause advertisements to be 
twice inserted in the London Gazette, notifying, to all persons coiw 
cerned, that the account of sales of such prize or prizes will be 
brought into the registry of the said court. 

61. Persons zcho runaway, cither before or after notifications , not entitled 
to prize-money then unpaid. — No person belonging to any of his Ma- 



102 


REGULATIONS relative to PRIZES takew 


jesty’s ships, or to any merchant ship employed in his Majesty’s ser¬ 
vice, who shall run away from the ship or vessel by which any prize or 
prizes shall be taken from any of his Majesty’s enemies, or otherwise 
from his Majesty’s service, before or after notifications shall be given by 
the agents appointed, shall be entitled to have or claim any interest in the 
said prize or prizes, or the bounty-money aforesaid, or any part thereof, 
that shall then remain unpaid ; but such share and shares shall be paid to 
the use of Greenwich Hospital. 

62.. Agents to make returns to Greenwich Hospital. — All persons, 
agents, and others, who shall sell and otherwise dispose of any such 
prize or prizes, shall, within the space of three calendar months next 
after the day appointed for the first payment or distribution to the cap- 
tors of such prize or prizes, transmit, to the treasurer of Greenwich- 
Hospital, a true state and account in writing, under the hands of such 
agents or persons so employed, of the produce of all such prize or 
prizes as aforesaid, together with an account of the payment of the 
several shares to the captors as shall then have been really and truly by 
them respectively paid ; and all and every person and persons autho¬ 
rised and appointed by this present act to receive bills for the bounty 
hereby granted, shall, within the like space of three calendar months, 
in like manner, transmit to the treasurer of the said hospital, a true 
state and account in writing, under his or their hand or hands, of the 
payment and distribution of such bills; and farther, all and every per¬ 
son and persons, agents, and others, who by virtue of this act, shall 
sell or dispose of any prize or prizes taken by any of his Majesty’s 
ships, or who shall receive or dispose of any bill or bills for bounty, 
suc{i person and persons, agents, and others, so selling and disposing 
thereof, shall within the space of three calendar months next after the 
expiration of the term of three years, limited by this act, make out an 
exact account in writing of the produce of such prize and prizes, bill 
and bills for bounty, as also of the payments of the several shares to the 
respective captors, together with a true and just account upon oath, to 
be taken before the treasurer of the said hospital, of all sum and sums of 
money as shall be then remaining in such agent or agents, or person or 
persons, custody, power, or possession, and shall at the same time de¬ 
liver to the treasurer of the said hospital, the said accounts, so attested 
upon oath as aforesaid, together with all such remaining sum and sums 
of money then so left and remaining in his or their hands as aforesaid, 
taking from the said treasurer, or his proper deputy or agent, his or their 
acquittance or acquittances for the same. 

63. hot complying with the preceding requisitions. — All persons neg¬ 
lecting to comply with the requisitions in the preceding section, shall, 
for every such offence, forfeit o£l00 over and above the money then in 
such agent’s hands; one-third part whereof shall belong to his Majesty, 
and the remaining two-thirds to the said Royal Hospital. 

64. False accounts. —If any fraud, collusion, or deceit, shall be wiL 
fully made, used, committed, permitted, or done, or suffered, in mak¬ 
ing, stating, or balancing, any such accounts, then every person or 
persons who shall be thereof duly convicted, and his and their aiders 
and abettors, shall forfeit for every such offence, over and above the 
penalties and punishments inflicted by this act, <£l00, one-third part 
whereof to be to the use of his Majesty, and one other third to the use 
of the said hospital, and the other third to the informer who shall sue 
for the same. 

65. Agents 


by his MAJESTY’S SHIPS and PRIVATEERS. 103 

65. Agents not to be sued by run men. — No agent to be sued by run 
men, unless he refuses to pay prize-money, after production of certifi¬ 
cate of R. being taken off. 

66. Notice of the distribution of head-money. — Notice of the distri¬ 
bution of bounty to the navy to be inserted in the Gazette, by the 
agents, in the same manner as notices for the distribution of the pro¬ 
duce of prizes. 

67. Erroneous notifieations. — In all cases where public notification 
hath, during hostilities, been given, or shall be given before the 
respective times herein-before mentioned, in respect to any of his 
Majesty’s ships, and the particular day whereon such payment did or 
shall commence, and the name and place of abode of the agent ap¬ 
pointed, was not or shall not be set forth and specified in such public' 
notification, the agent appointed for prizes condemned in his Majesty’s 
high court, or other court of admiralty, in Great Britain, shall, on or 
before the 25th of December, 1793, and the agent appointed for prizes 
condemned in any court of admiralty, in any other of his Majesty’s do¬ 
minions in Europe, of in any of his Majesty’s plantations in America, 
shall, on or before the first of June, 1794, and the agent appointed for 
prizes condemned in any other of his Majesty’s dominions, shall, on or 
before the 25th of March, 1795, give notification, under his or their 
hand or hands respectively, of the precise day of the month, and the 
year, appointed for the payment of the shares of such prize or bounty 
money respectively, and shall specify in every such notification his place 
of abode; -and all such notifications shall be published, or given and de¬ 
livered, attested and transmitted, by and to such persons, and in such 
manner, as the notifications to be published or given are herein-before 
directed. 

68. 69. Application of penalties. — All penalties and forfeitures in¬ 
flicted by this act, other than such as are otherwise particularly disposed 
of, shall be applied, one moiety to the informer and one moiety to 
Greenvvich-Hospital. And all penalties to Greenwich-Hospital may be 
sued for in the name of the commissioners. 

70. Admiralty sessions. — A session for the trial of offences committed 
on the high seas to be held twice at the least annually. 

71, 72. Taking of informations, fyc, — Commissioners for trying of¬ 
fences within the jurisdiction of the admiralty, and justices, may take 
informations touching offences committed upon the sea, and cause the 
parties to be apprehended and committed; and shall oblige the per¬ 
sons they think necessary to enter into recognizance to appear at the 
session. Persons refusing to enter into a recognizance may be com¬ 
mitted. Recognizances and informations touching offences to be trans* 
mi Red to the register of the high court of admiralty. 

73, Executing of warrants. — Marshal of the admiralty, &:c. to exe¬ 
cute warrants. 

74. Continuance of this act. —Thjs act continued in force during the 
late hostilities with France, and ceased with the war. 

Dutch and Spanish Captures, 

Abstract of an Act to amend the preceding Act, and for making farther 
Provision for those Purposes. July 19, 1797. 

1. To whom Dutch and Spanish prizes belong .—Officers and men of 
his Majesty’s ifect to have ail ships and .cargoes belonging to the United 

II4 Provinces 


104 . 


REGULATIONS relative to PRIZES taken 


Provinces taken since the 15th of September, 1795, and those belong¬ 
ing to Spain since the 9th of November, 1796, to be divided agreeably 
to the proclamation herein-after inserted. 

2. Prizes defended by forts. — The flag and other officers, seamen, 
marines, and soldiers, on-board every vessel of war in his Majesty’s 
pay, being armed, officered, and employed, in his Majesty’s service, 
who shall take any fortress upon the land, or any arms, ammunition, 
stores of war, goods, merchandise, and treasure, belonging to the 
state, or to any public trading company of the enemies of the crown of 
Great Britain, upon the land, or any ship or vessel, or merchandises 
laden on-board the same, in any creek, river, haven, or road, belong¬ 
ing to and defended by such fortress upon the land, shall have th£ sole 
interest and property in the same, after final adjudication thereof as law¬ 
ful prize, to be distributed as herein-before is mentioned. 

3. Conjunct expeditions. — In all conjunct expeditions of the navy and 
army against any such fortress upon the land, directed by instructions 
from his Majesty, the flag and general officers and commanders,‘and 
other officers, seamen, marines, and soldiers, acting in such conjunct 
expedition, shall have such proportionable interest and property in the 
captures as his Majesty shall think fit to direct. 

4. Captures by letters of marque .—All captures made by letters of 
marque, granted in pursuance of this act, (being first finally adjudged 
lawful prize,) shall wholly and entirely belong to, and be divided 
among, the owner and owners of such private ship or vessel, and the 
several persons who shall have been on-board the same, and aiding and 
assisting to the taking thereof, in such shares and proportions, manner 
and form, as shall be agreed on among themselves. 

5. Regulations of the preceding act of 33 Geo. III. c. 66, respecting 
vessels, &c. belonging to France, to extend to this act, except where 
hereby altered. 

6. Pre-emption of prize ships. — From the passing of this act, the 
pre-emption or refusal of all ships or vessels of war already taken, or 
which shall hereafter be taken, during the present hostilities, with their 
tackle, furniture, and stores, shall be offered to the commissioners of 
the navy; and the pre-emption of the guns, arms, and ordnance stores, 
found on-board such ships or vessels, shall be offered to the master-ge¬ 
neral of his Majesty’s ordnance; and in case the commissioners of the 
navy and master-general, respectively, shall think fit to purchase the 
same, or any of them, they shall be paid for by bills or debentures, in 
the course of the navy and ordnance, respectively, according to such 
valuation as the said commissioners of the navy, and master-general of 
the ordnance, respectively, shall adjudge to be fair and reasonable: 
but if, within six weeks after such respective tenders, in case such ship 
or vessel shall be brought into any port of this kingdom, and within a 
reasonable time after such respective tenders, if carried into any other 
part of his Majesty’s dominions, the commissioners of the navy, and 
master-general of the ordnance, respectively, shall refuse to purchase 
the same, or any of them, then the said commissioners of the navy, 
and master-general of the ordnance respectively, shall give a certificate 
of such tender and refusal, under their hands, to the captor or captors, 
which certificate, as to the ship, shall be deemed a necessary document 
(over and besides what is already required by law) to entitle such ship 
or vessel to be considered as British-built, and shall be produced to the 
proper officer of his Majesty’s customs, before the captor or captors shall 
obtain a certificate of the registry thereof, and which certificate, as to 

the 


by his MAJESTY^ SHIPS and PRIVATEERS. 


105 


the stores, shall be deemed a necessary document to entitle such captors 
to dispose thereof to any other person or persons. 

7. Letters of marque under this act .— If it shall appear to the satis¬ 
faction of the lords of the admiralty, on the application of any person 
or persons for a commission or letter of marque to be granted for any 
ship or vessel in pursuance of this act, that a commission or letter of 
marque hath been already granted for such ship or vessel in pursuance of 
the preceding act, (33 Geo. III. c. 66,) and that such ship or vessel 
hath cleared out of port conformably to the provisions contained in the 
said former act, and that no opportunity hath since occurred, during the 
time of such ship or vessel being in any port of this kingdom, for the 
owners of such ship or vessel, or their agents, to obtain a commission 
or letter of marque for such ship or vessel in pursuance of this act, the 
said lords of the admiralty may order a commission or letter of marque 
to be issued under the provisions of this act for any such ship or vessel, 
upon the production to them of an authentic copy of the certificate of 
registry under the hand of the collector, comptroller, or other proper 
officer of the customs, 

8. Duty of commanders of letters of marque. — The captain, master^, 
commander, or commanding officer, for the time being, of every ship 
or vessel having a commission or letter of marque for"reprisals against 
any of his Majesty’s enemies during' hostilities, shall keep a regular 
journal, containing a true and exact account of his daily trans¬ 
actions and proceedings with such ship or vessel, and the crew thereof! 
the ports or places he shall put into or cast anchor at, the time of' his 

. stay there and the cause thereof, the prizes he shall take, the nature and 
probable value of such prizes, the times and places when and where 
taken, and how and in what manner he shall dispose of the same, the 
ships or vessels he shall fall in with, the times and places when and 
where he shall meet with, them, and his observations and remarks 
thereon ; also of whatever else shall occur to him, or any of his officers 
or mariners, or to be discovered or found out by examination or confer¬ 
ence with any mariners or passengers of or in any other ships or vessels, 
or by any other ways or means whatsoever touching or concerning the 
fleets, vessels, and forces, of the enemy, their ports and places of sta¬ 
tion and destination, strength, numbers, intents, and designs; and such 
captain, master, commander, or commanding officer for the time be- 
sng, shall, immediately on his-arrival in any port of this kingdom, or 
of any other of his Majesty’s dominions, from or during the continuance 
of any voyage or cruise, produce his commission for such ship or vessel* 
and deliver up such journal, so kept as aforesaid, signed with h:s pro¬ 
per name and hand-writing, to the collector, comptroller, or other chief 
officer, of the customs at or nearest to such port; the truth of which journal 
shall be verified by the oath of such captain, master, commander, or 
commanding officer for the time being: and such collector, &c. shall 
immediately, on arrival/order the tide^surveyor, or other water-guard 
officer, to go on-board, and take an account of her officers and men, 
and also of the number and nature of the guns, and whatever else shall 
occur to him, on examination, material to be known by the lords of the 
admiralty; and no such ship or vessel shall be permitted to sail out of 
port again, after such arrival, until such journal shall have been deli¬ 
vered up, and until her commanding officer shall have obtained a certi¬ 
ficate, under the hand of such collector, 8zc. that she'is manned and 
ajmed according to the tenor and description inscribed in such commis¬ 
sion or letter of marque us aforesaid, which certificate is- to be given" 

gratis; 


REGULATIONS relative to PRIZES taken 


106 

gratis; and, on the delivery of it, the former certificate of the like na¬ 
ture shall be given up ; and if any collector, &c. shall grant any false 
or fraudulent certificate, he shall lor such offence forfeit his said office, 
and be for ever incapable of holding any,office under government, and 
shall also forfeit the sum of <£ .'100, one moiety of the said penalty, 
when recovered, to be paid to the informer, and the other moiety to the 
treasurer of the Merchant-Seamen’s Hospital. 

9. Hides to be observed by captains of letters of marque on meeting ships. 
— In case ary ship or vessel, having a commission or letter of marque, 
shall fall in with any of his Majesty’s ships or vessels of war, or of re¬ 
venue, the captain, &c. of the same shall produce, to the captain or 
other officer commanding such ship or vessel of war, or of revenue, his 
said journal, and also his commission, and the certificate given by the 
collector, &c. and the captain or officer commanding such ship or ves¬ 
sel of war or revenue, shall make a memorandum in such journal of the 
day in which it was so produced to him, and shall subscribe his name to 
it; and, in case such letter of marque shall put into a foreign port, 
where there is a British consul, or other chief British officer) the cap¬ 
tain, &e. of such letter of marque shall produce such journal, and.also 
his commission, and the certificate above-mentioned, to such British 
consul, or other chief British officer, who shall also make a memoran¬ 
dum in it of the day it was so produced to him, and subscribe the same ; 
and such captains, or British consuls, &c. shall and may go on-board, and 
muster the officers and crew, and examine the guns, arms, and ammu¬ 
nition ; and, if the same shall not correspond with the commission and 
certificate above-mentioned, respectively, suclqcaptain or British con¬ 
sul, &c. shall forthwith so communicate the same to the secretary of 
the admiralty. 

10. Penalty on captains not keeping a journal, Spc. — If the captain, 
See. of any such lettef of marque neglect to keep a journal, as afore¬ 
said, or shalf wilfully make any false or fraudulent entries therein,-or 
wilfully neglect to make, or shall obliterate or erase, when made, any 
material transaction, relative to the proceedings of such ship or vessel, 
wherein his Majesty’s interest is in any manner concerned, or shall re¬ 
fuse to produce as aforesaid such journal, commission, or certificate, or 
shall refuse to permit such captain or British consul, &c. to come on¬ 
board for the purpose of mustering her officers and crew, and examining 
her guns, arms, and ammunition; or shall, after arrival, sail out again 
without having delivered, upon oath, such journal as aforesaid, and 
without having produced his commission, and obtained such certificate 
as'before-mentioned, and also delivered up the certificate before grant¬ 
ed ; then, and in either of the said cases, the commission and letter of 
marque, shall be null and void, and such captain, &c. shall forfeit, for 
every such offence, the sum of £500, one moiety thereof to Green, 
wich-Hospital, and the other moiety, together with full costs of suit, tq 
such person as shall sue for the same. And, in case apy captain, &c. 
shall take a false oath on delivering up such journal, he shall incur and 
suffer the pains and penalties of perjury. 

The 11 th section is similar to the 8th of the preceding act. 

The 12th section relates to some particular captures in the last war. 

1 3. Actions are to be brought in two years. 

14. This act continued in force during the late hostilities with 
France, the United Provinces, and Spain, respectively. 


BY HIS MAJESTY’S SHIPS and PRIVATEERS. 


107 


'The following is an Abstract of Proclamation which orders the 
Distribution of Prizes. 

1. All prizes taken by ships and vessels having commissions of letters 
of marque and reprisals maybe sold and disposed of by the merchants,, 
owners, fitters, and others, to whom such letters of marque and re¬ 
prisals are granted, for their own use and benefit, after final adjudi¬ 
cation, and not before. 

2. The nett produce of all prizes which are or shall be taken by any 
of our ships or vessels of war, shall be for the entire benefit and encou¬ 
ragement of our flag-officers, captains, commanders, and other com¬ 
missioned officers in our pay, and of the seamen, marines, and soldiers, 
on-board our said ships and vessels at the time of the capture ; and such 
prizes may be lawfully sold and disposed of by them and their agents, 
after the same shall have been finally adjudged lawful prize, and not 
otherwise. The distribution shall be made as follows: the whole of 
the nett produce being first divided into eight equal parts: 

The captain or captains of any of our said ships or vessels of war, who 
shall be actually on-board at the taking of any prize, shall have three- 
eighth parts; but in case any such prize shall be taken by any of our 
ships or vessels of war, under the command of a flag or hags, the 
flag-officer or officers, being actually on-board or directing and assists 
ing in the capture shall have one of the said three eighth parts; 
the said one eighth part to be paid to such flag or flag-officers in such 
proportions, and subject to such regulations, as are fierein-after men¬ 
tioned. 

The captains of marines and land-forces, sea-lieutenants, and master 
on-board, shall have one-eighth part, to be equally divided amongst 
them: but every physician appointed, or hereafter to be appointed, 
to a fleet or squadron of our ships of war, shall, in the distribution 
of prizes which shall hereafter be taken by the ship in which he shall 
serve, or in which such ship’s company shall be entitled*to share, be 
classed with the sea-lieutenants with respect to the said one-eighth 
part, and be allowed to share equally with them ; provided such phy¬ 
sician be actually on-board at the time of taking such prize. 

The lieutenants and quarter-masters of marines, and lieutenants, en¬ 
signs, and quarter-masters, of land-forces, secretaries of admirals or 
of commodores with captains under them, boatswains, gunners, 
purser, carpenter, master’s mate, chirurgeon, pilot, and chaplain, 
on-board, shall have one-eighth part , to be equally divided among 
them. 

* Upon a clause, exactly similar to this, a question arose between the late Commodore 
Johnstonp and Capt. Mann, in the year 1781 ; and it was tried in the Court of Common 
Pleas, in the year 1789. This was the case : On the 16th of December, 17S0, Commo¬ 
dore Johnstone (being a flag-officer and commodore on the Lisbon station) ordered Capr. 
Mann, then commanding the Cerberus, one of the commodore’s squadron, to sail on a 
Cruise. — Atter this order was givc.n, but before the prize was taken, the commodore 
accepted-the command of another station,-; and no other flag-officer was appointed to 
succeed him on his former station. Capt. Mann, upon his cruise, took the Grana, Spa¬ 
nish ship,' and Commodore Johnstone claimed onje-eighth, because Capt. Mann was un¬ 
der his command when the order for cruising was given to him. The Court of Common- 
Pleas, however, determined, that Capt. Mann was entitled to his full three-eighths. 
2 Term Rep. Com. Pi. 261. 


103 


REGULATIONS relative to PRIZES taken 


The midshipmen, captain’s clerk, master sail-maker, carpenter’s mates, 
boatswain’s mates, gunner’s mates, master-at-arms, corporals, yeo¬ 
men of the sheets, cockswain, quarter-master, quarter-master’s 
mates, chirurgeon’s mates, yeomen of the powder-room, serjeants of 
marines and land-forces on-board, shall ha.ye one-eighth part, to be 
equally divided amongst them. 

The trumpeters, quarter-gunners, carpenter’s crew, stewards, cook, 
armourer, steward’s mate,cook’s mate, gunsmith, cooper, swabber, 
ordina'ry trumpeter, barber, able seamen, ordinary seamen, and ma¬ 
rines and other soldiers, and all other persons doing duty and a-ssist- 
[ Ing on-board, shall have tzvo-eighihparts to be equally divided amongst 
them. 

Provided, that if any officer, being on-board any of our ships of war at 
the time of taking anv prize, shall have more commissions or offices 
than one, such officer shall be entitled only to the share or shares of the 
prizes which, according to the above-mentioned distribution, shall be¬ 
long to his superior commission or office. And we do hereby strictly 
enjoin all commanders of our ships and vessels of war taking any prize, 
as soon as may be, to transihit, or cause to be transmitted, to the com¬ 
missioners of our navy, a true list of the names of all the officers, sea¬ 
men, marines, soldiers, and others, who were actually omboard cur 
ships and vessels of war under their command at the time of the cap¬ 
ture ; which list shall contain the quality of the service of each person 
on-board, and be subscribed by the captain or commanding officer, and 
three or more of the chief officers on-board. And we do hereby re¬ 
quire and direct the commissioners of our navy, or any three or more of 
them, to examine, or Cause to be examined, such lists by the muster- 
books of such ships and vessels of war, and lists annexed thereto, to 
see that such lists do agree with the said muster-books and annexed lists, 
as to the names, qualities, or ratings, of the officers, seamen, marines, 
soldiers, and others, belonging to such ships and vessels of war, and 
upon request forthwith to grant a certificate of the truth of any list 
transmitted to them, to the . agents nominated and appointed by the 
captors to take care and dispose of such prize ; and also upon appli¬ 
cation to them (the said commissioners) they shall give, or cause to be 
given, to the said agents, all such lists from the muster-books of any 
such ships of war, and annexed lists, as the said agents shall find requi¬ 
site for their direction in paying the produce of such prizes, and other¬ 
wise shall be aiding and assisting to the said agents, irj all such matters 
as shall be necessary. 

3. We do hereby farther will and direct, that the following regu¬ 
lations shall be observed concerning the one-eighth part hereinbefore 
mentioned to be granted to the flag or flag-officers, who shall actually be 
on-board at the taking of any prize, or shall be directing or assisting 
therein : First, That a- flag-officer, commander-in-chief, when there is 
but one flag-officer upon service, shall have to his own use the sffid o??o 
f.ighth part of the prizes taken by ships, and vessels under his command : 
Secondly, that a flag-officer, sent to command at Jamaica, or elsewhere, 
shall have no right to any share of prizes taken by ships or vessels em¬ 
ployed there, before he arrives at the place to which he is sent, and ac¬ 
tually lakes upon him the command: Thirdly, That when an inferior 
flag-officer is sent out to reinforce a superior flag-officer, at Jamaica, or 
elsewhere, the superior flag-officer shall have no right to any share of 
•prizes taken by the inferior flag-officer before the inferior flag-officer shall 

arrive; 


309 


by his MAJESTY'S SHIPS and PRIVATEERS. 

arrive within the limits of the command of the superior flag-officer aud 
actually receive some order from him: Fourthly, that a chief flag-officer 
returning home from Jamaica f or elsewhere, shall have no share of the 
prizes taken by the ships or vessels left behind to act under another 
command : Fifthly, that if a flag-officer is sent to command in the out- 
ports of this kingdom, he shall have no share of the prizes taken by ships 
or vessels which have sailed from that port by. order from the admiralty: 
Sixthly, that when more flag-officers than one serve together, the eighth 
part of the prizes taken by any ships or vessels of the fleet or squadron 
shall be divided in the following proportion, viz. If there be but two 
fiag-oflicers, the chief shall have tioo-third parts of the said one-eighth part 
and the other shall have the remaining third parti but, if the number of 
flag-officers be more than two, the chief shall have only one-half, and the 
other half shall be equally divided amongst the other flag-officers; Se¬ 
venthly, that commodores with captains under them shall be esteemed 
as flag-officers with respect to the eighth part of prizes taken, whether 
Commanding-in-chief or serving under command: Eighthly, that the 
first captain to the admiral and commander-in-chief of our fleet, and also 
4he first captain to our ilag-officer appointed, or hereafter to be appointed, 
to command a fleet or squadron of twenty ships of the line of battle, shall 
be deemed and taken to be a flag-officer, and shall be entitled to a part 
or share of prizes, as the junior flag-officer of such fleet or squadron. 

4. We do hereby farther order, that in the case of cutters, schooners, 
and other armed vessels, commanded by lieutenants, the share of such lieu¬ 
tenants shall be three-eighth parts of the prize, unless such lieutenants shall 
be under the command of a flag-officer or officers; in which case the flag- 
officer or officers shall have one of the said three eighths ,■ to be divided 
among such flag-officer or officers in the manner herein-before directed, in, 
the case of captains serving under flag-officers; Secondly, we direct that 
the share of the master or other person acting as second in command, and 
the pilot, (if there happen to be one on board,) shall be one-eighth part to be 
divided into three equal parts; of which two-thirds shall go to the master or 
other person acting as second in command, and the remaining one-third to 
the pilot; but if there is no pilot, then such eighth part to go wholly to the 
master or person acting as second in command: that the share of the chirur- 
gcon, or chirurgeon’s mate, (where there is no chfrurgeon,) midshipman, 
and clerk and steward, shall be one-eighth ; that the share ofthe boatswain’s, 
gunner's, and carpenter’s, mates, yeoman of the sheets, sail-maker, quar¬ 
ter-master, and quarter-master’s mate, shall be one-eighth ; and the share 
of the seamen, marines, and other person: on-board, assisting in the 
capture, shall be two-eighth parts. But it is our intention, nevertheless, 
that the above distribution shall only extend to such captures as shall be 
made by any cutter, schooner, or armed vessel, without any of his Mar 
jesty’s ships or vessels of war being presenter within sight of, ana adding 
Ito the encouragement of, the captors, and terror of the enemy: but in 
case any of his Majesty’s ships or vessels of war shall be present, or in 
sight, that then the officers, pilots, petty officers, and men, on-board such 
cutters and schooners, or armed vessels, shall share in the same propor¬ 
tion as is allowed to persons of the like rank and denomination oil-boar# 
his Majesty’s ships and vessels of war. 


Abstract 


no 


REGULATIONS relative to PRIZES taken 


■■ r ‘ V v> / v -'; 

Abstract of an Act for the Belief of the Captors of Prizes, with Bespect 
to the bringing and landing cei tain Prize-Goods in this Kingdom. —■ 
33 Geo. III. Chap 34. 

I. Prize-goods, after condemnation, may be landed, upon payment of cer¬ 
tain duties.. —Any goods, wares, or merchandize, taken during the 
continuance of the hostilities with France, and brought into Great 
Britain by any of his Majesty’s ships of war, or any privateer, shall and 
may, upon condemnation thereof as lawful prize be landed within any 
port within this kingdom, and secured, under the king’s locks, in ware¬ 
houses provided at the sole expense of the captors, with the privity and 
approbation, and under the care and inspection respectively of the com<- 
missioners of customs and excise ; and, upon admission of any such goods 
into such warehouses, there shall be paid by the captors or their agents 
the following duties ; that is to say. 

For every tun of wine or vinegar, containing two hundred and fifty- 
two gallons, the sum of three pounds, if taken by a ship of war, or by a 
private vessel; for every tun of brandy, containing two hundred and 
fifty .two gallons, two pounds five shillings, if taken by a ship of war, 
and fifteen shillings, iftaken by a private vessel; for every hundred weight 
of brown or Muscovado sugar, six shillings, if taken by a ship of war, 
and two shillings, if taken by a private vessel; for every hundred weight 
of coffee, ten shillings and six-pence, if taken by a ship of war, and three 
shillings and sixpence, if taken by a private vessel; for every hundred 
weight of cocoa, three shillings and nine-pence, if taken by a ship of war, 
and one shilling and three-pence, iftaken by a private vessel; and upon 
all other goods, wares, and merchandizes, not particularly excepted or 
otherwise charged with duty by this act, for every hundred pounds of the 
value, seven pounds ten shillings, if taken by a ship of war, and two 
pounds ten shillings, iftaken by a private vessel. 

( 2. Prize goods duty free. —No duties whatever shall be taken for any 
prize goods, consisting of military or ship’s stores,viz. sails, cordage, an¬ 
chors, and cables, masts, yards, bowsprits, blocks, guns, gunpowder, 
shot, match, gun-carriages, cartridges, and other materials thereunto be¬ 
longing, and all timber and iron converted into and made fit for ship¬ 
buildings for any of the uses and purposes aforesaid; salted beef, pork, 
and butter, biscuit, small beer, peas and oatmeal, sailors clothes, ham¬ 
mocks, bedding, and apparatus and instruments belonging to surgeons, 
or for any goods which, by any law in force on and immediately before 
the first day of May, 1793, may be imported into this kingdom duty-free. 

3. Prize wheat, tyc. —All wheat, wheat meal or flour, rye, barley, beer, 

o: bigg, oats, oatmeal, pease, beans, Indian corn, and maize, taken and 
condemned as prize, shall, on being brought into any port of this king¬ 
dom, be warehoused, and subject to such rules, regulations, restrictions, 
duties, penalties, and forfeitures, as are provided and enacted in the act 
of 31 Geo. III. c. 30.* « 

4. East India or Chinese prize goods. —All goods of the growth, produc¬ 
tion, or manufacture, of China or the East Indies, taken or condemned 
as prize, shall be publicly exposed to sale in the city of London, by the 
captors or their agents, notice of such sale being first given to the proper 
officers of the excise or customs respectively concerned therein; and 
such goods shall be sold on such conditions; and under such rules, regu¬ 
lations, 

* This is an oft for regulating the corn-trade, to which reference rauft be made for 
thefc regulations. 


by his MAJESTY'S SHIPS and PRIVATEERS. 


Ill 


lations, and restrictions, as are used and practised at the sales of the East - 
India Company, and the goods shall be subject to such duties, and 
entitled to such drawbacks, as the like goods are subject and entitled to 
when imported by the East-India Company, and the full duties dus and 
payable on such goods shall be paid in all cases by the captors or their 
agents. 

5. Prize tobacco and snuff .—Tobacco and snuff of all sorts taken as 
prize, and brought into any port of Great Britain, not being a port enu¬ 
merated in the act of the 29th of Geo. III. c. 6S. and in the act of the 
31st of Geo. III. c. 47, shall be removed according to the provisions of 
the said act of the 29th of Geo. III. as soon as may be, under the usual 
coast dispatches and security, to some of the ports enumerated in the 
sai 1 act; and such tobacco and snuff, and also tobacco and snuff of all 
sorts, taken as prize, and brought into any port enumerated in the said 
act, shall, on condemnation as prize, be warehoused in his Majesty’s 
tobacco warehouse at such port, and be liable to warehouse rent, at the 
rate of one penny halfpenny per week for every hogshead, or other 
package ; and such tobacco or snuff may be exported from such ware¬ 
house, without payment of any duty, or may be taken out of such ware- 

' house for home consumption or manufacture, on payment of the duties 
due and payable on tobacco and snuff of the growth and production of 
his Majesty’s colonies, plantations, islands, or territories, in America; 
and such tobacco and snuff, so warehoused, shall be subject to the rules, 
regulations, penalties, and forfeitures, as are provided and enacted with 
respect to warehoused tobacco and snuff. 

6. French prize goods. —If any goods, the growth, produce, or manu¬ 
facture, of France, shall betaken and condemned as prize, and shall be 
sold ffor home consumption, the same shall be subject and liable to the 
like duties as the same sort of goods are made subject and liable to.* 

7. Removing ofprize goods for exportation. —Whereas it may, in some 
cases be impracticable for the captors to procure vessels to export prize 
goods directly from the ports where they are warehoused, in pursuance 
of this act; for remedy whereof, it shall and .may be lawful for the com¬ 
missioners of his Majesty’s customs, in any case where they shall think 
proper, to order *such goods so secured in any warehouse, in this king¬ 
dom, tobacco and snuff excepted, to be removed from thence lor expor¬ 
tation to any custom-house warehouse at any other place or port in Great 
Britain, by and under the seal of otlice of the collector, &c. of the cus¬ 
toms at the port from whence the goods are intended to be so removed, 
at the expense of the captors, or other person who may have purchased 
the same. 

8. Prize goods condemned abroad. —All goods taken as prize and con¬ 
demned abroad, shall, on importation into Great Britain, be entitled to 
the benefit'and indulgence granted to prize goods by this act, provided 
a certificate, under the hand and seal of the j udge of the court in which 
such goods shall have been condemned, shall be produced to the collector, 
&e. of the customs at the port or place into which such goods shall be 
imported, certifying the condemnation thereof, and the master of the 
ship, on-board of which such goods shall be imported, shall, together 
with the importer, proprietor, or consignee, make oath before the said 
collector, &c. that, to the best of their knowledge and belief, the goods 
so imported are the identical goods mentioned in the said certificate of 
condemnation. 

9. East 


* For thefe duties, fee the Table of Duties at the end of this work. 


REULATIONS relative to PRIZES taken 1 


112 

9. East India and Chinese prize goods, condemned at an oat port , to be 
brought to London. — Whereas goods of the growth, production, or manu¬ 
facture, of China or the East Indies, taken as a prize, may be carried 
Into some of the out ports of this kingdom, and condemned ; in all cases, 
therefore, where v such goods shall be carried into any out port in this 
kingdom, and condemned as prize, bond, with sufficient security, shall 
be given to his Majesty, in treble the value of such goods, that the same 
shall be brought to London, and delivered to his Majesty’s warehouse¬ 
keeper at the custom-house for the port of London, to be deposited by 
him in warehouses provided at the expense of the captors, or their 
agents, and approved by the commissioners of the customs t and with 
farther condition to produce a certificate from such warehouse-keeper, 
within three months from the date of such bond, that the goods have 
been delivered accordingly; and if such goods shall be sent by land 
carriage, they shall be removed under the seals of office of such collector, 
&c. and shall be accompanied by a transire, expressing the number and 
make of the packages; and all such goods so removed, either by “land 
or water, shall afterwards be publicly exposed to sale in the city of 
London, by the captors or their agents, they giving notice of such sale 
to the proper officers of the customs or excise respectively concerned 
therein, by the same rules, regulations, and restrictions, in all respects, 
as the duties payable on the like goods, imported by and sold at the sales 
of the united company of merchants of England trading to the East 
Indies, are computed and charged, and the duties due by law thereon 
shall be accordingly paid. 

10. Duty on prize ships. — This clause related to the payment of duty 
upon prize ships or vessels: but no duty whatever is now payable for 
such, under the 34th Geo. III. c. 70. which is inserted immediately 
after this act. 

11. Exporting of prize goods. — Any prize goods which shall be re¬ 
ceived into any warehouses, in pursuance of this act, shall and may, upon 
payment of the respective duties before directed, be exported at anv 
time directly from thence, without paying any farther duty of customs 
or excise for the same; the person or persons exporting the surge giving 
sufficient security, in double the value of the goods, that the same 
shall be really and truly exported, and not brought back again or re¬ 
landed in any part of Great JBritain, or landed in the islands of Guernsey, 
Jersey, Sark, or Man, or the islands Faro or Ferro.* 

12. Prize goods for home consumption. —If any goods shall be taken 
out of any warehouse wherein they are secured as aforesaid, to be con¬ 
sumed in this kingdom, the person so taking out the same shall first pay 
up the remainder of the duties which would have been due and payable 
to his Majesty thereon, if the same had been regularly imported by way 
of merchandize into this kingdom; and such goods shall, in all other 
respects, be liable to the same restrictions and regulations to which they 
would have been subject if this act had not been made. 

13. Privateers having on-board liquors , <yc. in illegal quantities. — If any 
ship or vessel whatever, which shall be commissioned by letters of 
marque, or general reprisals, or otherwise, shall be found at sea, or in 
any port of this kingdom, or at any distance from the coasts thereof, 
having on-board any foreign brandy, or other foreign spirituous liquors, 
in any vessels or casks which shall not contain sixty gallons at the least, 
except only for the use of the seamen, not exceeding two gallons for 

each 

* By the 35 Qeo. III. c. 31. §. 3, the ifland of Alderjjhy is p-aced in the fame 
condition as Gucrnfey, &c. as to this prohibition. 


by his MAJESTY’S SHIPS and PRIVATEERS. 


113 


each seaman, or any tea exceeding the quantity of six pounds weight, or 
any goods whatever, which are or may be liable to forfeiture by any act 
of parliament upon being imported into Great Britain, then not only all 
such goods, but also the ship or vessel on-board which they shall be found, 
with ail her guns,iurniture, ammunition, tackle, and apparel, shall be 
forfeited and lost, and the letters of marque, or general reprisals, or any 
other commissions for such ship or vessel, shall be null and void. 

11. Duties recoverable. —Where any duties are imposed by this act, or 
anv drawbacks allowed, the same shall be raised, levied, &c. under such 
rules, regulations, restrictions, penalties, and forfeitures, as are directed 
by the act for consolidating the duties, &c.* 

15. Continuance of this act. — This act, which was to continue in force 
during the late hostilities with France, has been continued by 43. Geo. 
III. c. 12. until the first day of January, 1804. 

Abstract of an Act to exempt Ships of War, and Private Ships or Vessels of 
War, taken as Prize, from Pm/ment of Duty. 34 Geo. 3. c. 70. 

1 . No ship of war, nor any private ship or vessel of war, which shall 
be taken from the enemy, and legally condemned as prize, nor the sails, 

• or any of the tackle, apparel, or furniture, belonging to such ship or vessel, 
shall be chargeable with, or liable to pay, any duty whatever, any law, 
custom, or usage, to the contrary notwithstanding. 

2. In case any duty shall have been paid according to the laws now 
in force for ships or vessels of the description before-mentioned, taken 
since the commencement of hostilities in the present war, or upon the 
sails, tackle, apparel, and furniture, of the same, the commissioners of his 
Majesty’s customs in England or Scotland may cause the same to be re¬ 
paid in such manner as they shall judge proper. 

Instructions/^ ri/c Commanders of such Merchant Ships or Vessels who 
shall have fetters of Marque and Reprisals against the Ships, Goods, and 
Subjects, of France, dated l^th of February , 1793. And against the 
Ships, Goods, and Subjects, of the United Provinces, dated 10 th 
of October, 1795. 

Art. I. Against what and where letters of marque may act hostilely. —• 
It shall be lawful for the commanders of ships, authorised by letters of 
marque and reprisal, t6 set upon by force of arms, and subdue and take 
the men of war, ships and vessels, goods, wares, and merchandises, 
belonging to France or the United Provinces, or to any persons being sub¬ 
jects to France or the United Provinces, inhabiting within any of the 
territories of France or the United Provinces ; but so as no hostility be 
committed, nor prize attacked, seized, or taken, within the harbours of 
princes and states in amity with us, or in their rivers or roads, within 
the shot of their cannon, unless by permission of such princes or states, 
or of their commanders dr governors in chief in such places. 

Art. II .Captures to be brought into port .—The commanders of ships, 
and vessels so authorised as afpresaid, shall bring all ships, vessels, and 
goods, which they shall seize and take, into such port of England, or of 
some other port of our dominions, as shall be most convenient for them, 


* Thefe regulations are contained in the Tables of Duties at the end of this work. . 

I in 


114 


REGULATIONS relative to PRIZES takejt 


in order to have the same legally adjudged in our High Court of Ad- 
miralty oi' Jinglund, or before the judges of any other admiralty-court 
lawfully authorised within our dominions. 

Art. III. Conduct of the captors, after the capture is brought into port . 
— After such ships, vessels, ond goods, shall be taken and brought into 
any port, the taker, or one of his chief officers, or some other person 
present at the capture,, shall be obliged to bring or send, as soon as 
possibly may be, three or four of the principal of the company (whereof 
the master, mate, or boatswain, to be always two) of every ship or vessel 
so brought into port, before the judge of our High Court of Admiralty, 
of England, or his surrogate, or before the judge of such other admiralty- 
court within our dominions, lawfully authorised as aforesaid, or such 
as shall be lawfully commissioned in that behalf, to be sworn and exa¬ 
mined upon such interrogatories as shall tend to the discovery of the 
truth concerning the interest or property of such ship or ships, vessel or 
vessels, and of the goods, merchandises, or other effects, found therein; 
and the taker shall be farther obliged, at the time he produceth the com¬ 
pany to be examined, and before any monition shall be issued, to bring 
and deliver into the hands of the judge of the High Court of Admiralty 
of England, his surrogate, or the judge of such other admiralty-court with¬ 
in our dominions lawfully authorised, or others commissioned as afore¬ 
said, all such papers, passes, sea-briefs, charter-parties, bills of laden, 
cockets, letters, and other documents and writings, as shall be delivered 
up, or found on-board any ship. The taker, or one of his chief officers> 
or some other person who was present at the captor, and saw the said 
papers and writings delivered up, and otherwise found on-board at the 
time of the capture, making oath that the said papers and writings are 
brought and delivered in as they were received and taken, without any 
fraud, addition, subduction, or embezzlement, or otherwise to account 
for the same upon oath, to the satisfaction of the court. 

Art. IV. Not to break bulk before judgement. —The ships, vessels, 
goods, wares, merchandises, and effects, taken by virtue of letters of 
marque and reprisals as aforesaid, shall be kept and preserved, and no 
part of them shall be sold, wasted, spoiled, or diminished ; and the bulk 
thereof shall not be broken before judgement be given in the High Court 
of Admiralty of England, or some other court of admiralty lawfully au¬ 
thorised in that behalf, that the ships, goods, and merchandises, are 
lawful prize. 

Art .V. Privateers to assist ships in distj'ess. — If any ship or vessel 
belonging to us or our subjects shall be found in distress, by being in 
fight, set upon, or taken, by the enemy, or by reason of any other acci¬ 
dent, the commanders, officers, and company, of such merchant ships or 
vessels as shall have letters of marque and reprisals as aforesaid, shall 
use their best endeavours to give aid and succour to all such ship and 
ships, and shall, to the utmost of their power, labour to free the same 
from the enemy, or any other distress. 

Art. VI. Application to the admiralty for letters of marque. _The 

commanders or owners of such ships and vessels, before taking out let¬ 
ters of marque and reprisals, shall make application in writing, subscrib¬ 
ed with their hands, to our High Admiral of Great Britain, or our com¬ 
missioners for executing that office for the time being, or the lieutenant 
or judge of the said High Court of Admiralty, or his surrogate, and shall 
therein set forth a particular, true, and exact, description of the ship or 
vessel for which such letter of marque and reprisal is requested,specifying 
the burthen of such ship or vessel, and the number and nature of the 

guns. 


by his MAJESTY'S SHIPS and PRIVATEERS. 115 

guns, and what other warlike furniture and ammunition are on-board the 
same, to what place the ship belongs, and the name or names of the 
principal owner or owners of such shrp or vessel, and the number of 
men intended to be put on-board the same', and for what time they are 
victualled, also the names of the commander and officers. 

Art. VII. Correspondence with the Admiralty. — The commanders of 
slrps and vessels, having letters of marque and reprisal as aforesaid, 
shall hold and keep, and are hereby enjoined to hold and keep, a corres¬ 
pondence, by all conveniences and upon all occasions, with our High 
Admiral of Great Britain, or our commissioners for executing that office 
for the time being, or their secretary; so as from time to time to render 
and give him or them, not only an account or intelligence of their cap¬ 
tures and proceedings by virtue of such commissions, but also of what¬ 
soever else shall occur unto them, or be discovered and declared to them, 
or found out by them, or by examination of, or conference with, any 
mariners or passengers of or in the ships or vessels taken, or by any 
other ways or means whatsoever touching or concerning the de¬ 
signs of the enemy, or any of their fleets, ships, vessels, or parties; and 
of the stations, sea-ports, and places, and of their intents therein; and of 
what ships or vessels of the enemy bound out or home, or where cruising, 
as they shall hear of; and of what else material in these cases may arrive 
at their knowledge; to the end such course may be thereupon taken 
and such orders given as may be requisite. 

Art. VIII. What colours a privateer is to wear. — No commander of 
any ship or vessel, having a letter of marque and reprisal as aforesaid, 
shall presume, as they will answer it at their peril, to wear any jack, 
pennant, or other ensign, or colours, usually borne by our ships; but 
that, besides the colours usually borne by merchant-ships, they do wear 
a red jack, with the union jack described in the canton at the upper 
corner thereof, near the staff. 

Art. IX. Not to ransom any capture. — No commander of any ship or 
vessel, having a letter of marque and reprisal as aforesaid, shall ransom 
or agree to ransom, or quit or set at liberty, any ship or vessel, or their 
cargoes, which shall be seized and taken. 

Art. X. To deliver their prisoners to the proper commissioners. — All 
captains or commanding officers of ships, having letters of marque and 
reprisals, shall send an account of, and deliver over, what prisoners 
shall be taken on-board any prizes, to the commissioners appointed, or 
to be appointed, for the exchange of prisoners of war, or the persons 
appointed in the sea-port towns to take charge of prisoners, and that 
*uch prisoners be subject only to the orders, regulations, and directions, 
of the said commissinors; and no commander or other officer of any ship, 
having a letter of marque and reprisal as aforesaid, shall presume, upon 
any pretence whatsoever, to ransom any prisoners. 

Art. XI. Commission forfeited for acting contrary hereto.—- In case the 
commander of any ship, having a letter of marque and reprizal as afore¬ 
said, shall act contrary to these instructions, or any such farther instruc¬ 
tions, of which he shall have due notice, he shall forfeit his commission 
to all intents and purposes, and shall, together with his bail, be proceed¬ 
ed against according to law, and be condemned in costs and damages. 

Art. XII. Copies of journals. — All commanders of ships and vessels, 
having letters of marque and reprisals, shall, by every opportunity, send 
exact copies of their journals to the secretary of the admiralty, and pro¬ 
ceed to the condemnation of their prizes as soon as may be, and withou fc 
delay. I 2 Ar.T 4 


116 REGULATIONS relative to PRIZES taken, &c. 


Art. XIII. To observe all orders. — Commanders of ships and vessels, 
having letters of marque and reprisals, shall, upon due notice being given, 
to them, observe all such other instructions and orders as we shall think 
fit to direct from time to time for the better carrying on this service. 

Art. XIV. Violating these instructions —All persons who shall violate 
these, or any other of our, instructions, shall be severely punished, and 
also required to make full reparation to persons injured, contrary to our 
instructions, for all damages they shall sustain by any capture, embezzle¬ 
ment, demurrage, or otherwise. 

Art. XV. Bail to be given.— Before any letter of marque or reprisals, 
for the purposes aforesaid, shall issue under seal, bail shall be given with 
sureties, before the lieutenant and judge of our High Court of Admiralty 
f England, or his surrogate, in the sum of three thousand pounds sterling, 
if the ship carries above one hundred and fifty men; and, if a less num¬ 
ber, in the sum of fifteen hundred pounds sterling, which bail shall be 
to the effect and in the form following: 


Which day, time and place, personally appeared 
and " who submitting themselves to ther 

jurisdiction of the High Court of Admiralty oi England, obliged themselves, their heirs, 
executors, and administrators, unto our Sovereign Lord the King, in the sum of 

pounds of lawful money of Great Britain, to this 

effect; that is to say, that whereas 

is duly authorized by letters of marque and reprisals, with the ship called the 

of the burthen of about 


tons, whereof he the said goeth master, 

by force of arms to attack, surprize, seize, and take, all ships and vessels, goods, ware?, 
and merchandises, chattels, and effects, belonging to France, orto any persons being 
subjects of France, or inhabiting within any of the territories of France , excepting only 
within the harbours or roads within shot of the cannon of princes or lfates in amity 
with his Majesty. And whereas he the said 

hath a copy of certain instructions, approved of and passed by nis majesty in council, as 
by the tenor of the said letters of marque and reprisals, and instructions thereto rela¬ 
ting, more at large appeareth. If, therefore, nothing be done by the said 

or any ot his officers, mariners, or company, contrary to the true mean¬ 
ing of the said instructions and of all other instructions which may be issued in like 
manner hereafter, and whereof due r.oticc shall be given him, but that the letters of 
marque and reprisals aforesaid, and the said instructions, shall in all particulars be well 
and duly observed and performed, as far as they shall the said ship, master,and company, 
any way concern ; and if they shall give full satisfaction for any damage or injury which 
shall be done by them, or any of them, to any of his Majesty’s subjects, or of foreign 
states in amity with his Majesty ; and also shall duly and truly pay, or caufc to be paid, 
to his Majesty, or the customers or officers appointed to receive the same for his Majesty, 
theufual customs due to his Majesty, of and for all ships and goods so as afotefaid taken 
and adjudged for prize : and moreover if the said 

shall not take any ship or vessel, or any goods or merchandizes, belonging to the cnemv, 
or otherwise liable to conffscation, through consent or clandestinely, or by collusion, by 
virtue, colour, or pretence, ol his said letters of prarque and reprisals, that then this bail 
shall be void, and of none effeit; and unless they shall so do r they do all hereby severally 
consent that execution shall issue forth against them, their heirs, executors, and adminis- 
trators,goods and chattels,whcresoevcr the same shall be found, to the value of the sum of* 

pounds before-mentioned : and in testimony of the truth 
thereof, they have hereunto subscribed their names. 

By his Majejly’s command , 

HENRY DUNDAS. 


Additional Instructions to the Commanders of his Majesty's Ships 
of War, and Privateers that have or may have Letters of Marque against 
France. 8 th of June, 1803. 




I. To detain ships laden zeith wheat, fyc. —It shall be lawful to stop and 
detain all ships loaden wholly or in part with corn, flour, or meal, bound 
to any port in France, or any port occupied by the armies of France, and 

to 




by his MAJESTY’S SHIPS and PRIVATEERS 


lit 

to send them to such ports as shall be most convenient, in order that 
such corn, meal, or dour, may be purchased on behalf of his Majesty’s 
government, and the ships be released after such purchase, and after a 
due allowance for freight; or that the masters of such ships, on 
giving security, to be approved of by the court of admiralty, be permit¬ 
ted to proceed to dispose of their cargoes of corn, meal, or flour, in the 
ports of any country in amity with his majesty. 

II. To seize ships attempting to enter a blockaded port. — It shall be law¬ 
ful for the commanders of his majesty’s ships of war, and privateers that 
have or may have letters of marque against France, to seize all ships, 
whatever be their cargoes, that shall be found attempting to enter any 
blockaded port, and to send the same for condemnation, together with 
their cargoes, except the ships of Denmark and Siveden, which shall not 
be prevented from entering on the first attempt, but on the second shall 
be sent in for condemnation likewise. 

III. To inform ships of zvhat ports are blockaded. — Incase his majesty 
shall declare any port to be blockaded, the commanders of his Majesty’s 
ships of war and privateers, that have or may have letters of marque 
against France , are hereby enjoined, if they meet with ships at sea, 
which appear from their papers to be bound to such blockaded port, 
but to have sailed from the ports of their respective countries before the 
declaration of the blockade shall have arrived there, to advertise them 
thereof, and to admonish them to go to other ports; but they are not to 
molest them afterwards, unless it shall appear that they have continued 
their course with intention to enter the blockaded port, in which case 
they shall be subject to capture and condemnation; as shall likewise all 
ships, wheresoever found, that shall appear to have sailed from their 
ports, bound to any port which his Majesty shall have declared to be 
blockaded, after such declaration shall have been known in the country 
from which they sailed; and all ships, which in the course of their voy¬ 
age shall have received notice of the blockade, in any manner, and yet 
shall have pursued their course with intent to enter the same, 

G, R, 

Additional Instructions to the Commanders of his Majesty's Ships 
of War and Privateers, 24 th June , 1797. 

TXT HEREAS, we have thought it expedient that the subjects of the 
king of Spain should be permitted, notwithstanding the present 
hostilities, to import, in vessels not having more than one deck, into the 
-port of St Josef, in the island of Trinidada, any wool, cotton wool, indigo, 
cochineal, drugs of all sorts, cocoa, tobacco, logwood, fustic, and all 
sorts of wood for dyers use, hides, skins, and tallow, beaver* and all 
sorts of furs, tortoise-shells, hardwood or mill timber, mahogany, 
and all other goods for cabinet-ware, horses, asses, mules, and cattle, 
being the growth and production of any of the colonies or plantations 
in America, belonging to the crown of Spain, and all coin or bullion, 
diamonds or precious stones, coming from thence; and likewise that 
they should be permitted to export from the said port of St Josef, the 
said goods and commodities, and also rum, the produce of any British 
island, and negroes which shall have beep legally imported, and also all 
goods, wares, and merchandises, which shall have been legally import¬ 
ed, except masts, yards, or bowsprits, pitch, tar, turpentine, and tobacco, 
§*qd also such iron US shall have been brought from the Britisn colonies 

I 3 i n 


118 REGULATIONS relative to PRIZES taken, &c. 

in America; provided that such vessels shall conform, as well in im¬ 
porting goods into the said port of St Josef, as in exporting them from 
thence, to the several regulations contained in the acts, which permit 
foreign vessels to import the said goods into the free ports of Kingston, 
Savannah la Mer, Montego Bay, St Lucia, ajid Antonio, in the island 
of Jamaica, the port of St George, in the island of Grenada, the port 
of Roseau, in the island of Dominica, the port of Nassau, in the island 
of New Providence, and the port of St John’s, in the island of Antigua, 
and likewise to export the same respectively. The commanders oi our 
ships of war, and ships commissioned with letters of marque, are hereby 
required and enjoined not to detain or molest any ships or vessels be¬ 
longing to the subjects of the crown of Spain, and coming from any port 
situated in the territories thereunto belonging in America, and bound to 
the said port of St Josef, or returning from thence, and that they treat 
all such ships as neutral ships engaged in a lawful neutral commerce, 
provided they have not more than one deck, and are bona fide employ¬ 
ed in carying on their trade conformably to the regulations of the said 
acts, and have a licence for that purpose from the governor or com- 
mander-in-chief for the time being of the said island: and, in case such 
ships so licensed should be captured and brought into any port through 
misapprehension or breach of our order, our courts of admiralty and 
vice-admiralty are hereby required to liberate the same, as being under 
the protection of our special commission. By his majesty’s command, 

PORTLAND. 


Additional Instructions to the Commanders of his Majesty's Ships 
of War and Privateers, 20 th November, 1797. 

\\7HEREAS, we have thought it expedient that permission should be 
^ * given to vessels belonging to the subjects of his catholic majesty, 
having not more than one deck, to trade between the free ports esta¬ 
blished in the island of Jamaica, and also in the Bahama islands, and the 
Spanish colonies in America, according to the regulations of the several 
acts for establishing free ports in our West-India islands, notwithstanding 
the present hostilities : And, whereas, we have thought it expedient, 
that, notwithstanding the said hostilities, permission should likewise be 
jepven to any British vessels, navigated according to the laws now in 
force, to trade between the said free ports in the island of Jamaica, and 
in the said Bahama islands, and the Spanish colonies in America, pro^ 
vided such British and Spanish vessels that shall trade between the said 
free ports in the island of Jamaica and the said Spanish colonies, shall 
have a licence from the governor or commander-in-chief of our island of 
Jamaica; and that such British and Spanish vessels that shall trade be¬ 
tween the free port in the Bahama islands and the said Spanish colonies, 
shall have a licence from the governor or commander-in-chief of the 
Bahama islands; and provided such British and Spanish vessels shall 
import into the free ports of Jamaica and the Bahama islands, such goods 
only as are hereafter enumerated, viz. wool, cotton wool, indigo, 
cochineal, drugs of all sorts, cocoa, tobacco, logwood, fustic, and all 
sorts of wood for dyers use; hides, skins, and tallow, beaver and all 
sorts of furs; tortoise-shells, hardwood, or mill-timber; mahogany and all 
other woods for cabinet-ware; horses, asses, mules, and cattle, being 
the growth and production of any of the colonies or plantations in 
America, belonging to the crown of Spain; and all coin and bullion, 
diamonds or precious stones, coming from thence; and provided such 

British 


119 


BY HIS MAJESTY'S SHIPS and PRIVATEERS. 

British and Spanish vessels shall export from such free ports only the 
said goods and commodities; and also rum, the produce of any British 
island, and negroes, which shall have been legally imported; and also 
all goods, wares, merchandises, and manufactures, which shall have 
been legally imported, except masts, yards or bowsprits, pitch, tar, 
turpentine, and all other naval or military stores, and tobacco. The 
commanders of our ships of war, and of ships commissioned with letters 
of marque, are hereby required and enjoined not to detain or molest 
any such Spanish vessels, or any British vessels trading between the 
free ports in the said islands and the Spanish colonies in America, 
provided they are bona fide employed in carrying on their trade con¬ 
formably to the respective regulations herein above described, and have 
a licence for that purpose from the governor or commande*-in-chief of 
the said islands, respectively; and in case such ship so licenced should 
be captured and brought into any port, through misapprehension or 
breach of our order, our courts of admiralty and vice-admiralty are 
hereby required to liberate the same, as being under the protection of 
our special commission. By his Majesty’s command, 

PORTLAND. 


Abstract of an Act to authorise the issuing of Commissions and 
Letters of Marque and Reprisal against his Majesty's Enemies, to 
such Ships and Vessels belonging to his Majesty as are or may 
be employed in the Service of the Boards of Customs and 
Excise, and the other Public Boards in this Kingdom. 41 Geo. 111. 
United Kingdom, chap. 76. Passed 27 th June, 1801. 


'lyl^’HEREAS, under the regulations of the act (heretofore given) 
* y 33 Geo. III. chap 66, intituled “An act for the encouragement of 
Seamen, and for the better and more effectually manning his Majesty's Navy," 
the lords commissioners of the admiralty are authorised to cause com¬ 
missions and letters of marque to be issued to such British ships and 
vessels, only as have been duly registered, &c. pursuant to the act 
26 Geo. III. c. 60, and whereas ships and vessels which belong to his 
Majesty are expressly exempted from being registered, by reason 
whereof no commissions or letters of marque can regularly be granted to 
any ships or vessels of his Majesty, in the service of the boards of Cus¬ 
toms and Excise, or other public boards, without the sanction of parlia¬ 
ment ; it is enacted that from and after the passing of this act, it snail be 
lawful for the Lords Commissioners of the Admiralty, at the request or 
on the application of the commissioners of the customs, excise, navy, 
transports, ordnance, or victualling, to cause to be issued, in the usual 
manner, one or more commission or commissions, or letters of marque and 
reprisal, to the commander or commanders of such ship or vessel, nomi¬ 
nated by the said commissioners, for the attacking, surprising, seizing, 
and taking, by such ship and vessel, or the crew thereof, any place or 
fortress upon the land, or any ship or vessel, arms, ammunition, stores 
of war, goods, and merchandise, belonging to or possessed by any of his 
Majesty’s enemies, in any sea, creek, haven, or river; and that such ship 
pr ships, vessel or vessels, arms, ammunition, stores of war, goods and 
merchandise, whatsoever, with all their furniture, tackle, and apparel, so 
to be taken, after final adjudication thereof, as lawful prize, in the high 
court of admiralty, or any other court of admiralty i;i hi*.Majesty’s domi* 

] 4 nious* 


120 


PRIVATEERS. 


nions shall wholly and entirely belong to and be divided among the seve¬ 
ral persons who shall be on-board the same, and be aiding and assisting in 
the taking thereof, in such shares and proportions, as the commissioners 
of customs, excise, &c. shall respectively think proper; and, that nei¬ 
ther his Majesty, his heirs or successors, nor any other person or persons 
■whomsoever, other than the persons who shall be so on-board such ship or 
vessel, shall be entitled to any part or share thereof, except as to the cus¬ 
toms and duties which by law are or may be payable in respect thereof; 
any thing contained in the aforesaid act, or any other law, usage, or 
custom, to the contrary thereof, in anywise notwithstanding. 

2. Provided, that before the granting or issuing of any commission or 
letter of marque, in pursuance of this act, security shall be given as di¬ 
rected by 33 Geo. III. c. 66, §. 14, &c. 


CHAPTER VI. 


PRIVATEERS. 

T HE owners of privateers have a commission which empowers 
them to appropriate to their own use whatever prize they make, 
after legal condemnation ; and government allows them, besides £5 * 
for every man on-board a man of war or privateer, taken or destroyed, 
at the beginning of the engagement; and, in case we are at war with 
more potentates than one, they must have commissions for acting against 
each of them; otherwise, if a captain, carrying only one against the 
Spaniards, should in his course meet with and take a Frenchman, this 
prize is not good, but would be taken from him by any man of war he- 
met, and could not be condemned (for him) in the admiralty, as many 
have experienced. 

The manner of fitting out these privateers has commonly been at the 
joint expense of several merchants, and is always very expensive, as 
warlike stores are at all times costly, and their prices more especially 
raised on these occasions, when the demand'for them is considerably 
increased. 

In some of these adventures, the men on-board go on the terms of no 
prize no pay: and, in this case, the produce of whatsoever is taken 
goes half to the ship, (for the owners,) and half to the men, divided 
among them according to the articles of agreement; but, when the men 
sail for wages, the captures appertain entirely to the owners, except a 
small part, which is commonly stipulated to be given the sailors, extra 
of their wages, in order to animate them in their behaviour; and both 
ways of arming are regulated by the articles entered into between the 
owners and mariners, of which a copy is added at the end of this 
chapter. £ 

No privateers may attempt any thing against the law of nations, as 
to assault an enemy in a port or haven under the protection of any 
prince or republic, be he friend, ally, or neuter ; for, the peace of 
such place must be kept inviolable. — Molloy de Jur. Mar. p. 49, § 7. 

* 33 Geo. III. c.-66. 

And, 




PRIVATEERS. 


; 121 


And, at the time of granting these private commissions, great care 
is always taken (by bond) to preserve the leagues, with our allies, neu¬ 
ters, and friends,, according to the various and several treaties subsist¬ 
ing between us, and it is for this reason that security is demanded, anc! 
given by responsible men (not concerned in the ship) to the value of 
£ 1500 for all ships carrying less than 150 men, and £3000 for every 
ship carrying more, that they will give full satisfaction for any damage 
or injury that they shall commit in their courses at sea, contrary to, and 
in breach of, the aforesaid treaties, and also under the penalties of for¬ 
feiting their commissions, and for which their ships are likewise-made 
liable. —Treaty Marine with Holland, at London, Dec. I, 1674, Art, 
10. — Treaty Marine with France, at St Germains en Laye, Feb. 24, 
1676-7, Art. 10. 

If a suit be commenced between the captor of a prize and the claim- 
er, and there is a sentence or decree given for the party reclaiming* 
such sentence or decree (upon security given) shall be put in exe¬ 
cution, notwithstanding the appeal made by him that took the prize, 
which shall not be obseryed, in case the sentence shall be given against 
the claimer.— Dittos Art. 13. 

And whereas the masters of merchant-ships, and likewise the mari¬ 
ners and passengers, do sometimes suffer many cruelties and barbarous 
usage • when they are brought under the power of ships, which take 
prizes in the time of war, the takers, in an inhuman manner, torment¬ 
ing them, thereby, to extort from them such confessions as they would 
have to be made ; it is agreed, that both his Majesty and the btates-Ge- 
neral shall, by the severest proclamation, forbid all such heinous and 
inhuman offences, and as many as they shall, by lawful proofs, find 
guilty of such acts, they shall take care that they be punished with du-o 
and just punisment, and which may be a terror to others; and shall 
command that all captains and officers of ships, who shall be proved to 
have committed such heinous practices, either themselves, or by insti¬ 
gating others to act the same, or by conniving while they were done, 
shall (besides other punishments to be inflicted proportionally to their 
offences) be forthwith deprived of their office, respectively. And every 
ship, brought up as a prize, whose mariners or passengers shall have 
suffered any torture, shall forthwith be dismissed and freed, with all her 
lading, from all farther proceedings and examinations against her, as 
well judicial as otherwise. — Treaty of Commerce with Spain, May 
13, 1667, Art. 21, 22. — Ditto with Holland, July 21, 1667, Art. 26, 
27. — Ditto, Feb. 7, 1667-8, Art. 1, %. —Ditto with Denmark, j. 11, 
1670, Art. 16. 

Ships may sail to and trade with all kingdoms, countries, and estates, 
which shall be in peace, amity, or neutrality, with the princes whose 
flags they carry, and who is at present at peace with us, and are not to 
be molested by us, on account of any hostilities that may at present sub¬ 
sist, or hereafter may happen, between his Britannic Majesty and those 
estates, provided such ships are not bearers of contraband goods.— 
Treaty Marine with Holland, Dec. 1, 1674, Art. 1, 2. — Ditto with 
France, Feb. 24, 1676-7, Art 1, 2. 

And*, to avoid disputes about the understanding the term of contraband 
goods, they are expressly determined to be only arms, pieces of ord-. 
nance, with all implements belonging to them, fire-balls, powders, 
matches, bullets, pikes, swords, lances;- spears, halberts, guns, mor¬ 
tar-pieces, petards, bombs, grenades, fire-crancels, pitched-hoops, 
carriages, musquet-rests, bandeiiers, salt-petre, musquet-shot, helmets, 

corslet.;. 


12 2 


PRIVATEERS. 


corslets, breast-plates, coats of mail, and the like kind of armature; 
soldiers, horses, and all things necessary for the furniture of horses; 
bolsters, belts, and all other warlike instruments whatever. — Treaty 
with Spain, May 13, 1667, Art. 24. —Ditto with Holland, July 21, 
1667, Art 28. — Ditto, Feb. 7, 1667-8, Art. .3. 

All other goods whatsoever are (by the aforementioned treaties) per¬ 
mitted freely to be carried, except to places besieged; and therefore a 
privateer has no right to put any hindrance thereto: but, if he makes a 
prize of a ship loaden entirely with the above-mentioned contraband 
goods, both ship and loading shall be condemned; and, if part be pro¬ 
hibited goods, and the other part not, the former only shall become a 
prize, and the ship and the remainder be set free; and, in case the cap¬ 
tain of the merchant-ship will deliver to the captor that part of his cargo 
which is prohibited, the other shall receive it, without compelling the 
merchantman to go out of her course to any port he thinks fit, but shall 
forthwith dismiss her, and upon no account hinder her from freely prose¬ 
cuting her intended voyage.—Treaty Marine with Holland, Dec. 1, 
167 4, Art. 3. — Treaty Marine with France, Feb. 24, 1676-7, Art. 3. 
— Ditto with Holland, London, Dec. 1, 1674, Art. 7. 

If such ships be attacked, in order to be examined, and refuse submit¬ 
ting thereto, they may be assaulted and entered by force. But, if any 
persons on-board do not yield and surrender, those that resist may be 
slain. — Molloy de Jure Mar. p. 52, §. 13. See Ditto on Reprizals, §. 
20. Ditto, §.14. 

But, if any privateer wilfully commit any spoil, depredation, or any 
other injuries, either on the ships of friends or neuters, or on the ship and 
goods of their fellow-subjects, they will be punished, in proportion to 
the crime, either with death or otherwise ; and the vessels are subject 
to forfeiture. , 

Whether a ship taken be a lawful prize or not shall be tried in the 
admiralty. 

If two ships with letters of marque accidentally meet with a prize at 
sea, though only one attacks and takes her, yet the other being in sight 
shall have an equal share of the prize, though he afforded no assistance in 
the capture; because his presence however struck a terror in the enemy, 
and made him yield; wiiich perhaps he would not have done, had his 
conqueror been single; so that all ships that are in sight, though they 
cannot come up to assist in the engagement, are enitled by the common 
laiv to an equal distribution of the spoil. — Mich. 32 Eliz. Somers and 
Sir Richard Bulkely’s case. Leonard 2. p. 182. 

But, if those to whom letters of marque are granted should, instead 
of taking the ship and goods appertaining to that nation against which 
the said letters are awarded, xviifuUy take or spoil the goods of another 
nation in amity, this would amount to a downright piracy, and the per¬ 
sons so offending would, for such fault, forfeit their vessel, (and the pe¬ 
nalties in which their securities are, according to late custom, bound on 
taking out such letters,) notwithstanding their commission; but this 
must be understood, w r here such a capture is done in a piratical manner ; 
for, if it is made upon a strong presumption, supported hy many circum¬ 
stances and appearances that a caption is just, as belonging to him 
against whom the reprisals are granted, though, upon examination, it 
prove otherwise, and the suffering parties have their ship and goods re¬ 
stored, yet the captors are not liable to punishment, though sometimes 
they may be to damages. On the contrary, they are justified in endea¬ 
vouring to recover their right, or distress the enemy, (for which the let- 


PRIVATEERS. 




ters were granted them,) though in effecting it they may be deceived, as 
it is natural for the enemy to cover their effects in the best manner they 
can. It would be impossible always to determine the affair at sea, there¬ 
fore it is allowable to bring a dubious capture into port, in order to more 
nice and just scrutiny and inspection, otherwise the goods of an enemy 
would often escape. However, to guard against unlawful seizures, the 
government have wisely directed sufficient caution to be given (as be¬ 
fore-mentioned) for the due observance of the letters according to law, 
before they permit their issuing; and, where there is a breach commit¬ 
ted, the penalties are inflicted. — Roll’s Abridg. p. 530. — Moor, 775- 


The following are such Articles of Agreement as have been commonly entered 
into between the Captains of Privateers and, their Crews, 

A RTICLES agreed between captain A. B. commander of the pri¬ 
vate man of war, called the Terrible, (with twenty guns mount¬ 
ed, carrying nine-pound shot, twenty brass patereroes, four mortars, 
and some wall-pieces,) manned with two hundred men, now lying in 
Church-hole, (designed to cruise against the French and Spaniards,) on 
the one part, and the said ship’s company on the other, witnesseth, 

1. That the said captain A B. for himself, and in behalf of the own¬ 
ers of the said ship Terrible, shall put on-board her great guns, swivels, 
powder, shot, and all other warlike ammunition necessary for them ; as 
also small arms, and provisions sufficient for the said ship’s company for a 
six months cruise at sea, from their sailing from the Downs; in conside¬ 
ration of which, the owners or their assigns shall be reimbursed (out of 
the first prize or prizes taken by the said ship Terrible before any divi¬ 
dend is made thereof) the whole charge of warlike stores (great guus 
and small arms excepted), victualling, advance-money, and the ex¬ 
penses the'owners are at for the surgeon’s chest, and a set of music; after 
which, one half of the net proceeds of such prize or prizes as shall be 
taken to be for the account of the owners, and at the disposition of the 
managers; and the other half of such net proceeds to be the sole pro¬ 
perty of the ship’s company; the captain’s share of which to be 6 (in 
sojneSJ per cent, and the residue to be divided in the proportions men¬ 
tioned in the eleventh article of these presents. 

2. That, for preserving decorum on-board the said private man of 
war, no man is to quit or to go out of her, on-board of any other vessel 
or vessels, or on-shore, without leave obtained of the commanding offi¬ 
cer on-board, under the penalty of such punishment as shall be esteemed 
proper by the captain and officers. 

3. That it shall be entirely in the captain’s power to cruise where he 
shall esteem most beneficial tor the interest of the owners and ship’s com¬ 
pany. 

(In some, it is to cruise where the managers, and, in others, where 
the owners, shall direct,) 

4. That, if any person be found a ringleader of mutiny, or, causing 
a disturbance on-board, refuse to obey the command of the captain and 
officers, behave with cowardice, or get drunk in time of action, he or 
they shall forfeit his or their share, to be divided amongst the ship’s com¬ 
pany, and be otherwise punished according to law. 

5. That all clothes, bedding, watches and rings in wear, buttons, 
buckles, and what else is deemed small plunder by custom, is to be di¬ 
vided amongst the ship’s company, according to their several stations, 

the 


124- 


PRIVATEERS. 


the captain not to interfere with them; the cabin-utensils in present use 
for the commander. 

6. That, if any person shall steal, or convert to his use, any part of 
the prize or prizes, or be found pilfering any money or goods, and be 
convicted thereof, he shall forfeit his share to the ship and company. 

7. The captain has the power of taking, out of any prize or prizes, 
whatever stores he may judge necessary for the ship Terrible, without 
paying for them ; provided the prize is not disabled thereby, 

8. That whosoever first spies a sail, which proves to be a prize, shall 
have seven pounds, (in some only one guinea, in others five,) and the 
first man proved to board a prize before she strikes shall have a gratuity 
of ten pounds (in some ten, and in others fifteen, guineas) for his 
bravery, to be deducted out of the gross sum of the prize. 

9. That, if any private man shall lose a leg, arm, or eyes, in the 
time of action, or in the ship’s service, he shall, besides the advantage 
of Greenwich-Hospital, have a gratuity of £ 25, and in proportion to 
the officers, exclusive of shares; (in others only £20 to a private man, 
£bO to the captain, £■ 4*0 to the first lieutenant, and £30 to each of the 
other lieutenants, master, and surgeon ;) the said gum to be deducted 
out of the gross sum of the prize; and, in case of mortality under cure, 
the said gratuity and shares to be made good to their assigns. 

10. That, for the farther encouragement of the said private man of 
war’s company, it is agreed, that the chief officers shall have six gui¬ 
neas, the petty officers and able seamen five guineas, able-bodied land- 
men three guineas, and boys one guinea, advanced to them in the Hope 
(in some, the officers and seamen have only five guineas, and the land¬ 
men two). 

11. That the half of the net proceeds of all prizes taken by the ship 
Terrible, which is appropriated to the ship’s company, be divided 
amongst them in the manner following, after the captain’s 6 or 8 per 
cent, (as shall be agreed) is taken thereout as above. 

When the captain has not the above-mentioned 6 or 8 per cent, but 
divides with the ship’s company, he commonly has twelve shares, as 
follows; viz. 


Shares. 

The captain 12 

The first lieutenant 5 \ to 6 

The second lieutenant 44 to 6 

The third lieutenant 3f to 5 

The master 31 to 5 

The first mate 3 to 4 

The second mate 2 to 3 

The surgeon 3§ to 4 

The surgeon’s mate 2f to 3 

The lieutenants of marines 3 to 4 

The gunner 3 

The gunner’s mates, to each 2 
The carpenter 3 

The carpenter’s mates, to each 2 
The boatswain 3 

The boatswain’s mates, to each 2 
The purser 3 

The cooper ] f to 2 

The music, to each of them 


Shares. 

The caulker 2 

The master-at-arms 11 to 2 
The armourer 1f 

The midshipmen, to each H to 3 
The quarter-masters, to each 1 f 
The qivgunners, to ea. 1 f to 2 
The corporals, to each 1 f to If 
The sail-maker 1 f 

The yeom. of the powder-room 2 
The ship’s steward 2 

The captain’s.steward 1i 

The master of languages 11 

The captain’s clerk 2 " 

The ship’s cook if to 2 

The captain’s ditto 1 1 

The able seamen, to each I f to 2 ” 
The able landmen, to each £ 
The sea-boys, to each f to f- 
The land-boys, to each |to 1 
12, Thai, 



o 


OWNERS OF SHIPS, 


125 


?2. That, on the death of the captain, the command do devolve on 
the next officer, and so on in rotation; and, for the encouragement of 
the able seamen and others, on the loss of officers, they are to be re¬ 
placed out of the ship’s company, according to their gallant behaviour, 
as the captain shall appoint. 

13. That whoever deserts the said ship Terrible, within the, time 
herein-under-mentioned, shall forfeit his prize-money to the owners and 
company, to enable them to procure others in their room. 

14. Ail and every one on-board does covenant and agree to serve on¬ 
board the said ship Terrible the term of six months, beginning at the 
said ship’s departure from the Downs. 

15. And, lastly, for the true performance of all and every the afore¬ 
mentioned covenants and agreements, each and every the said parties 
do bind themselves, their heirs, executors, and administrators, in the 
penal sum of five hundred pounds, lawful money of Great Britain, firmly 
by these presents: In witness whereof, the said parties to these pre¬ 
sents have hereunto severally set their hands and seals, the 

day of in the year of our Lord 17 30, and the twentieth 

year of the reign of our sovereign lord King George the Third. 

For the regulations which were prescribed by act of parliament rela¬ 
tive to the capture of French, Spanish, and Dutch, ships, daring 
the late war, see Chap. V. of this work. 


CHAPTER VII. 


OWNERS OF SHIPS. 

O WNERS of ships are particularly interested in the two following 
acts of parliament. 

The first is an Act for farther securing the Property of the Ovjncrs in 
such Ships or Vessels as are liable to Forfeiture, for importing Spirits, or 
other Goods, by the Misconduct of the Masters , Mates, or Seamen . 21 

Geo. III. c. 29. By which it is enacted, That, 

I. If the master of any vessel shall conceal, or suffer to be con¬ 
cealed, foreign spirits, tea, or coffee, above two gallons of spirits for 
each seaman, above 6lb. of tea, or 19lb, of coffee; or, if the master, 
&c. of such ship or vessel shall clandestinely import, or suffer to be 
clandestinely imported, therein, any such foreign spirituous liquors, or 
any other uncustomed goods, whereby the owners become liable to for¬ 
feit the ship ; he shall forfeit all his wages to the owners, with treble the 
value of the uncustomed goods on-board. 

2. If the mates or seamen shall conceal any of the said goods, (above 
the quantity allowed by law,) they shall forfeit their wages, and also 
2Os..for every gallon of foreign spirits, and 10s. for every pound of tea 
or coffee. 

3. And, if in time of war, the owner may send them to serve three 
years on-board a man of war, except sucli as are old, disabled, or unfit 
for service. 


4, A 




OWNERS OE SHIPS. 


12$ 


4. A printed copy of this act is to be put up on some conspicuons 
part of every British trading-vessel \ and, when any clauses become 
defaced, the master shall cause the same to be replaced, under the for¬ 
feiture of Is. per day during such omission, to be paid to the owner. 

5. Mates or seamen, who shall refuse to pay the penalties, &c. may 
be committed for three months. 

6. Justices may mitigate penalties, but not reduce them under one 

Half. 

7. Proceedings of the justices not to be quashed for want of form, 
and to be final. 

8. Commencement of actions is limited to six months; the party 
sued may plead the general issue; and, on verdict against the plaintiff, 
recover treble costs. 

N. B. But, by a discretionary power invested in the honourable com¬ 
missioners, the stores before-mentioned are allowed duty-free only for 
{he use of the crew during the delivery of the cargo; as soon as the 
goods are all out, and the voyage thereby at an end, the stores that shall 
remain unconsumed when the ship is cleared are to be entered, and not 
more left than will exceed 40s. in customs and excise, by way of clear¬ 
ing-stores. 

If a ship arrive in ballast, she is to be considered as fit for clearing, 
and to be allowed only the clearing-stores as above-mentioned. 

Where spirits are found on-board, no wine is to be allowed as clear¬ 
ing-stores, But, where there are no spirits, then two dozen quarts of 
ordinary wine, for the use of the crew on-board, in short voyages, from 
Holland, Germany, Flanders, France, &c. 


The second is an Jet to explain and amend an Act , made in the seventh 
Year of his late Majesty's Reion, entitled , An Act to settle how far Own¬ 
ers of Ships shall be answerable for the Acts of their Masters or Ma¬ 
riners; and for giving a farther Relief to the Owners of ships. 26 Geo. 
III. c. 86. By which it is enacted. That, 

I. Owners not answer idle for loss of goods, by master or mariners , beyond 
the value of ship and freight. —No person, who is owner of any ship or 
vessel, shall be liable to answer or make good any loss or damage, by 
re' so' n m y robbery, embezzlement, secreting, or making away 
'th 'of an yo;old, silver, diamonds, jewels, precious stones, or other 
lV 'oi or merchandise, which shall be shipped on-board any ship or ves- 
" r any act, damage, or forfeiture, done or incurred, from the 
sel; or to J -, ct ' without the knowledge of such owner; farther than 
passing ot this * ' vessel , with all her appurtenances, and the full 
the value of the . p due, for the voyage wherein such 

a Tv Unt0f away with, shall be 

made r ^alfhough the master or mariners shall not be concerned m, or 
privy to such robbery, embezzlement, secreting, or making away 

'"a' Owners not answerable for loss by fire.- No owner of any ship or 
vessel shall be liable to answer or make good any loss or damage w hich 
> mav happen to any goods or merchandise whatsoever, which shall be 
Self and put on-board such ship or vessel by reason or means ot any 
/^happening to, or on-board of, the said ship or vessel. 

/ 3 Masters or owners not answerable for loss oj goods, unless their nature, 
vitality and value, are made known upon shipping - No master or owner 
of anv ship or vessel shall be subject or liable to answer tor, or make 
good/ 5 loss or damage which may happen to any goW^ver. 




OWNERS OF SHIPS. 


127 


diamonds, watches, jewels, or precious stones, which shaUbe shipped 
on-board any such ship or vessel, by reason of any robbery, embezzle¬ 
ment, making away with, or secreting, thereof, unless the owner or 
shipper thereof shall, at the time of shipping the same, insert in his bill 
of lading, or declare in writing to the master or owner of such ship or 
vessel, the true nature, quality, and value, of such gold, silver, dia¬ 
monds, &c. 

4- Where ship and freight are not equal to all the losses. — If several 
freighters or proprietors of any such gold, silver, &c. shall suffer any 
loss or damage by any of the means aforesaid, in the same voyage (fire 
only excepted), and the value of the ship or vessel and freight shall 
not be sufficient to make full compensation to all of them, then such 
freighters or proprietors shall receive satisfaction thereout in proportion 
to their respective losses ; and, in every such case, it shall be lawful for 
such freighters or proprietors, or any of them, on behalf of himself and 
all other such freighters or proprietors, or for the owners of such ship, to 
exhibit a bill, in any court of equity, lor a discovery of the total 
amount of such losses, and of the value of such ship or vessel, appurte¬ 
nances, and freight, and for an equal distribution and payment amongst 
such freighters or proprietors, in proportion to their respective losses, 
according to the rules of equity. Provided that, if any such bill shall be 
exhibited on behalf of the part-owners of such ship, the plaintiff 
plaintiffs shall thereto annex an affidavit, that he or they do not collude 
with any of the defendants ; and shall thereby offer to pay the value of 
such ship or.vessel, appurtenances, and freight, as such court shall 
direct. 

5. Remedies against the master and mariners. — Provided that nothing 
sliall extend to discharge any remedy which any person or persons now 
hath or have, or may hereafter have, against the master or mariners of 
such ship, in respect of any embezzlement, secreting, or making away 
with any gold, silver, &c. shipped or loaden on-board such ship 
or vessel; or on account of any fraud, abuse, or malversation, of and 
in such master and mariners respectively ; but it shall be lawful for every 
such person or persons, so injured, to pursue such remedy against tbf? 
said master and mariners as they might have done before the making of 
this act 


6. This act shall be a public act* 

Besides these two acts of parliament wh ich affect the interest o c ' 
owners, there are other rules of law to which they are su*-' > tt o ‘ 

cipal of which will be found a subsequent part of efrpter^^ 

Goods spoiled by default of u master - If 0DcU ^ g J b V f , 
of a master of a s up employed by fcfc sw> f er ,, the 0 ^ ners „£ l iaUe 
but the action must b<j Drought against ail the part-owners, who maky 
but one master. 

ParUozmers not agreeing about a voyage. — If several part-owners wash 
to send a ship on a voyage, but two or three other part-owners refuse 
their consent, the former may send her on the voyage, but they must 
enter into a recognizance in the admiralty for her safe return. J 
A part-owner of a ship sued the other owners for his share of the 
freight on finishing her voyage; but the other owners had fitted her out, 
in which the complainant would not join; whereupon the other owners 
complained in the admiralty ; and, by order there, they gave security, 
if the ship perished in the voyage, to make good to the plaintiff his 
share, or to that effect; in such a case, by the law marine and course of 
the admiralty, the plaintiff was to have no share in the freight. It was 

referred 


123 


OWNERS OF SHIPS. 


referred to Sir Lionel Jenkins to certify the course of the admiralty, who 
certified accordingly, and that it was so in all places, for otherwise there 
would be no navigation: whereupon the plaintiff’s bill was dismissed. 

In zvftat case the owner of a ship, letting it to another, is still liable for 
loss. — The defendant was sole owner of a ship, which he let out to one 
Fletcher for a voyage for a certain sum, and Fletcher was to have the be¬ 
nefit of carrying goods. The plaintiff sent a quantity of moidores, and 
had bills of lading signed by the captain: and, many of the moidores 
not being delivered according to consignment, an action was brought 
against the defendant, the owner of the ship, to make him liable, as far 
as the ship and freight were worth, according to 7 Geo. II. c. 15. 

For the defendant it was insisted, that, though the ship was his pro¬ 
perty, yet that Fletcher is for this purpose the-owner. But it appearing 
the defendant had covenanted for the condition of the ship and the beha¬ 
viour of the master, the chief-justice held he was liable to the plaintiff; 
and the freight he had in general from Fletcher was sufficient, though 
the identical freight for the gold belonged to the other; and Fletclier had 
only the use of the ship, but no ownership. 2 Strange’s Rep. 1251. 

Repairing a ship. — If a ship be repaired in the River Thames, and 
fitted out there with new rigging and apparel, the ship itself is not lia¬ 
ble, but the owners. If she be repaired abroad, the ship is liable, and 
the master may hypothecate (or pawn) her for payment of the charges. 

The repairer of a ship may sue either the master who employs him or 
the owners; but, if he undertake it on a special promise from either, 
the other is discharged. 

An action was brought by a shipwright for repairing the defendant’s 
ship in his dock. About three hours before the ship’s repairs were 
finished, a fire happened, and she was burnt. Notwithstanding which, 
the court held that the owner was liable to pay for the repairs that had 
been done. 

Owners liable for provisions, fyc. bought bp the master . — If the master 
of a ship buy provisions for her, and have money from the owners to pay 
for the provisions, but sail without paying the money, the owners are 
liable to pay, in proportion to their respective shares in the ship, the 
master being but a servant to the owners. 2 Vern. Rep. 6 P3. 

Master not liable for; stores ordered before, but delivered after, his ap¬ 
pointment as master. — Lord Mansfield, in delivering the opinion of the - 
court in the case of Farmer and another against Davis, where goods were 
ordered for a ship by the owner before the appointment of the captain, 
and some of which goods were delivered after his appointment, said, 

41 Where a captain contracts for the use of a ship, the credit is given to 
him, in respect of his contract; it is given to the owners, because the 
contract is on their account; and the tradesman has likewise a specific 
lien on the ship itself. Therefore, in general, the tradesman who gives 
that credit debits both the captain and the owners. Now, what is this 
case ? The captain made no contract personally : the owners contracted 
for their ship: the credit was given to them only: and there is not a 
shadow of colour to charge the captain for any part of these goods. 

Master has no lien on the skip for his wages; nor for money paid for 
stores and repairs. — Wilkins and others, assignees of Brooke, a bank¬ 
rupt, against Carmichael. The question in this case was, whether a 
captain, having paid for stores supplied, and repairs done, to a ship in % 
England, and hav ing wages due to him, has such a lien on the ship as to 
be entitled to keep her till he is paid i 


Lord 




OWNERS OF SHIPS. 


129 


Lord Mansfield said, “ Notwithstanding the strongest inclination that 
the defendant (the captain) should have full satisfaction, we are not able 
to find ground on which we can give judgement in his favour. 1. He 
has set up a lien upon two sorts of claim ; viz. wages, and stores and re¬ 
pairs. As to wages, there was no particular contract that the ship 
should be a pledge; there is no usage in trade to that purpose; nor any 
implication from the nature of the dealing. On the contrary, the law 
has always considered the captain as contracting personally with the own¬ 
er ; and the case of the captain has, in that respect, been distinguished 
from that of all other person*- belonging to the ship: this rule of law may 
have its foundation in policy, and the benefit of navigation ; for, as ships 
may be making profit and earning every day, it might be attended with 
great inconvenience, if, on the change of a captain for misbehaviour, or 
any other reason, he should be entitled to keep the ship till he is paid. 
As to stores and repairs, it is a strong answer to that claim, that, when 
the demand was made to the assignees, the captain had , not paid the 
tradesmen's bills. But if there was any lien originally, it was in the car¬ 
penter. The captain could not, by paying him, be in a better situation 
than he was, and he had parted with the possession ; so that he had given 
up his lien, if he ever had one : the other creditors had none. If the de¬ 
fendant is liable to the tradesmen, it is by his- own act. Work done 
for a ship in England is supposed to be done on the personal credit of the 
employer; in foreign parts, the captain may hypothecate the ship. The 
defendant might have told the tradesmen, that he only acted as an 
agent, and that they must look to the owner for payment." — Judgement 
for the plaiutiff. 

Dimers liable for necessaries ordered by the master, ivhether they know of 
it or not. — The plaintiffs, being rope-makers, supplied the ship Henry 
and Thomas with cables to the value of <£5 : 8 : 3, by the order of Tho¬ 
mas Harwood, the captain; and made Harwood and the owners of th© 
ship (the defendant) the debtors, in the usual manner, without naming 
the owners, or knowing particularly who they were. —The ship Henry 
and Thomas had been let by the defendants to Harwood upon certain ar¬ 
ticles, in which it was mutually covenanted between them as follows : 
1st. The owners covenanted with Harwood, that, on his performance 
of the covenant stipulated on his part, he should have the sole manage¬ 
ment of the ship, and employ her for his sole benefit and advantage for 
the space of eleven years, if he should so long live, and the ship should 
not be lost. The covenants on the part of Harwood were, (amongst 
others,) to pay a yearly rent of £36 per cent, at stated periods: that he 
would,' at all times, at his own cost and charge, repair, maintain, and 
keep, the vessel and her rigging, &c. in good and sufficient repair. 
The plaintiffs had no notice of this contract at the time they furnished 
Harwood, the captain, with the goods. — The question was, whether 
the defendants were liable to this debt? 

Lord Mansfield, in delivering judgement, said, “ This case was re¬ 
served, not with a view to the particular matter in dispute, or the parties 
now before the court, but in consideration of a general anxiety in the 
owners of ships, employed in this trade, to know how far they are by 
law liable for the acts of their respective lessees. In that point of vievv 
we have considered the case very particularly ; and, alter the fullest deli¬ 
beration, we think it impossible to say that the plaintiffs are not entitled 
to recover. Whoever supplies a ship* with necessaries has a treble secu¬ 
rity. 1. The person of the master. 2. The specific ship. 3. The 
personal security of the owners, whether they know of the supply or not. 

K — I. The 


130 


OWNERS OF SHIPS. 


— 1. The master is personally liable as making the contract. 2. The 
owners are liable in consequence of the master’s act, because they 
choose him : they run the risk, and they say whom they will trust with 
the appointment and office of master. Suppose the owners in this case 
had delivered the value of the goods in question, in specie, to the mas¬ 
ter, with directions for him to pay it over to the creditors, and the mas¬ 
ter had embezzled the money: it would have been no concern of the 
creditors; for, they trust specifically to the ship, and generally to the 
owners. In this case, the defendants are the owners ; and there happens 
to be a private agreement between them and the master, by which he is 
to have the sole conduct and management of the ship, and to keep her in 
repair, &c. But how does that affect the creditors, who, it is expressly 
stated, were total strangers to the transaction ? And that is an answer to 
the observation, that the plaintiff must have known the real situation of 
the master, in this case, from the general usage and custom of the coun¬ 
try in that respect. To be sure, if it appeared that a tradesmaithad no¬ 
tice of such a contract; and, in consequence of it, gave credit to the 
captain individually as the responsible person, particular circumstances 
of that sort might afford a ground to say, he meant to absolve die owner, 
and to look singly to the personal security of the master; but here it is 
stated, that the plaintiff had no notice whatever of the contract. The 
owners themselves are aware of their being liable at the time; they 
choose a master to whom they agree to let the ship, and trust ior their 
security to the covenants which they oblige him to enter into : these co¬ 
venants are, that he shall keep the ship in repair, and deliver her up, at 
the end of the term, in as good condition as when delivered to him. 
This is not all; for, they indemnify themselves against the private debts 
of the master, and against his being taken in execution ; for, if he does 
not perform all and every the covenants in the agreement, (except in 
case of the loss of the ship,) the consequence (beside their remedy 
against him upon the covenant) is, that the contract and agreement are to 
be absolutely at an end, and they are to take possession of the ship. 

* c Suppose the ship had been impounded in the admiralty court, and 
that happened at the end of the term ; or, suppose the captain had broken 
a covenant which had put an end to the agreement; the defendant could 
never have taken the ship out of the court, without paying the debt for 
which the ship was impounded. We are all of opinion, therefore, that, 
under these circumstances, there is no colour to say that the creditors 
shall be stripped of the general reeurity they are, by law, entitled to 
against the owners.”— Rich A executor, r. Coe and another. 



CHAPTER 



EXCHANGES. 


13! 


CHAPTER VIII. 


EXCHANGES. 

v N 

E XCHANGE may be compared with barter; as it is the paying or 
receiving of money in one country for its equivalent in the money 
of another, by means of bills of exchange. 

Tiie par of exchange is the real or intrinsic value of any foreign money 
compared with that of another country, as with sterling. 

The course of exchange is the current price of a sum of money between 
two places. This price is constantly fluctuating, according to the cir¬ 
cumstances of trade, or as cash or bills are more or less plentiful; and, 
fluctuating thus, it is seldom at par, but generally either above or be¬ 
low it. 

Usance is the usual term of bills between certain places; as, one, 
two, or three, months after date: and double, treble, or half, usance, 
means double, treble, or half, the usual time. When necessary to di¬ 
vide a month upon half usance, the division contains fifteen days. 

Days of Grace , are a certain number of days exceeding the term ex¬ 
pressed, which are generally granted before the bill is paid. The 
number of these days varies according to the custom of different coun¬ 
tries. In the united kingdom of Great Britain and Ireland, three days 
grace are allowed; but, if the last of three days happen upon a Sun¬ 
day, the bill becomes payable on the preceding day. 

In Holland there are two sorts of money, bank or banco , and cur¬ 
rent. Bank-money is generally from 3 to 5 per cent, better than cur¬ 

rency, and bears a premium called agio; but it has, sometimes, in the 
course of the late revolution, been at a discount. 

Bills are usually drawn upon Holland in current money, but they are 
always paid in banco. 

The method to calculate the agio, or difference between Holland cur¬ 
rency and bank money, is by the Rule of Three, thus: 

guild, stiv . penn. 

Reduce 9128 11 12 current money into banco, agio 4^ per cent. 

guild, stiv. penn. 

If 10425 give 100, what will 9128 11 12 give? 

Ansiver. 87 5@ 8 12 banco. 



K'2 



ppoor. 


132 


exchanges. 


proof. 
8756 8 12 

Multiply by 4 } 


35025 15 0 

2189 2 3 


372,14* 17 3 

20 


2,97 

16 

585 

97 

15,55 

ite/ico — 8756 8 12 
ifgfo — 372 3 0 


Current Money 9128 11 12 


London exchanges on Dublin in 
pounds , shillings , and pence, Bri¬ 
tish sterling. 

The par 8-* per cen£. or «£l08 6 8 
im/i /or c£ lOO British. 

Reduce £150 12 6 British sterling 
into /m/i sterling , at par. 


Dublin exchanges on London in 
pounds, shillings, and pence, Irish 
sterling , to distinguish it from 
British sterling. 

Reduce /813 3 6 /m/i sterling 
into British sterling, at 8§ per 
cent. 


£750 12 

6 

8 

6005 

0 

0 

250 

4 

2-\d. 

62,55 

4* 

2 

20 



11,04* 



j£~*50 

12 

6 

62 

11 

0 , 

/313 

3 

6 Irish'sterl. 


RULE. 

The difference being 1/ in a shil¬ 
ling, divide the given sum by 
13, thus: 

13)813 3 6 

Less 62 11 0 


Answ. /750 12 6 British sterL 


London 













EXCHANGES. 


133 


London exchanges on Amsterdam in 
pounds , shillings , and pence, 
guild, stiv. penn . 

Reduce 8756 8 12 banco into 

sterling at 34 schillings 3 grotes 
banco Tor ^1 sterling. 

RULE. 

Multiply by 40 grotes (~ 1 guil¬ 
der) and divide by the price of 
exchange reduced into grotes 
by multiplying it by 12, 

EXAMPLE. 

sch.gr. £. 

Banc. 8156 8 12 at 34 3 per 1 
40 12 


350240 411 

1 6 = 8 stiv. 

1 for 12 penn, 

411)350257(852 

3288 

2145 

2055 


907 

822 

85 

20 

411)1700(4 

1644 

56 

12 

411)672(1 

411 


261 

Anszv. £852 4 1 sterling. 

Usance, 1 month after date, 
pays of grace, 6; but seldom de¬ 
manded. 


Amsterdam exchanges on London in 
guilders, stivers, and pennings; 
and in pounds Flemish, schil¬ 
lings, and grotes. 

16 pennings zz 2 grotes or 1 stiver, 

20 stivers z: 1 guilder, 

12 grotes zz 1 schilling, and 

20 schillings rz 1 pound Flemish 

N. B. Bank money is commonly 
from 3 to 5 per cent, better than 
current money: the difference 
is called the agio. 

Reduce £852 4 1 sterling into 

banco at par. 

RULE. 

Multiply by the price af exchange, 
reduced into grotes,asunder,and 
divided by 40groteszzl guilder. 

EXAMPLE. 

£852 4 1 sterling at 

411 34 sch. 3.gr, 

-- per £\ sterh 

852 

852 

3408 

82 ~ | for 4.?. 

for the fraction. 

4|0)35025|7§ 

- From above. 


8756—171 

sch. gr, 

- 20 

34 5 

— 

12 

4|0)35[0 

41 1 


4|0)48|0 

\% 

Anszv. 8156 8 12 banco. 

For the method of calculating the 
agio, see the preceding pages, 


K 3 


London 













EXCHANGES. 


134* 


London exchanges on Hamburgh in 
pounds, shillings , and pence. 

Re duce4524 mark-lubs, 11 sol-lubs, 
6 deniers, banco, into sterling at 
32 sch. 1 gr. banco, for c£l 
sterling. 

RULE. 

Multiply by 32 groteszz 1 mark-lub, 
and divide by the price of ex¬ 
change reduced into grotes, by 
multiplying it by 12. 

EXAMPLE. 

sch. gr. £ 

Banco 4524 11 6 at 32 1. per 1 

32 12 

9048 385 

13572 - 

22 mil sol-lubs. 

1~ 6 deniers . 


385)144791(376 

1155 

2929 

2695 

2341 

2310 

31 

20 

385)620(1 

385 

235 

12 

385)2820(7 

2695 

125 

Answ. £31 6 1 7 sterling. 

Usance, 1 month after date. 

Days of grace, 12 ; Sundays, holi¬ 
days, and the days when due, in¬ 
cluded. 


Hamburgh exchanges on London in 
mark-lubs, sol-lpbs, and deniers, 
or phennings; and in pounds Fle¬ 
mish, schilling, and grotes. 

12 deniers rz 1 sol-Iub or 2 grotes, 

16 sol-lubs m 1 mark-lub; 
and 

12 grotes m 1 schilling. 

20 schilling m 1 pound Flemish. 

N.B. Bank money is 16 per cent. 
better than current money with a 
sur-agio, from 6 to 12 per cent. 

Reduce £316 1 7 sterling into 
banco at par. 

RULE. 

Multiply by the price of exchange, 
reduced into grotes as above, and 
divide by 32 groteszczbnark-lub. 

EXAMPLE. 

£316 1 1 sterl. at 32 sch. 

• 385 1 gr. per £l sterU 

- 32 1 

1880 12 

3008 - 

1128 385 

19=-- for Is.-- 

11 for Id. 


32)144790(4524 

128 

167 

160 

7 9 Brought up 22 
64 16 

150 32)352(11 

128 32 

22 32 

32 


Ansiccr , 4524 11 banco . 


London 





EXCHANGES. 


135 


London exchanges on Paris in 
pounds, shillings, and pence. 

Reduce73486 litres, 18 sols, 6 de¬ 
alers in sterling at 30ld. for 1 
crown of 3 litres. 

RULE. 

Take f of the given sum to reduce 
it into crowns, and multiply by 
the price of exchange, the pro¬ 
duct will be the answer in pence. 

EXAMPLE. 

Litre 73486 18 6 at 30£ per ecu, 

1—24495 12 10 
30 


734850 

1—12247 f for f 
l— 6 123 | for | 

| — 3061 f for | 

{ of 3 Of 15 f for 10s. 

\ — 3 | for 2 s. 6d. 

£ for 4d. 


12)756302 £■ 

2JO)630215 2i 
Ansiv. 3 151 5 2i sterling. 


Usance, 30 days; 2 usance, 60 days, 
&c. and 10 days of grace: but 
bills after sight, or of a fixed date, 
joust be paid 24 hours alter due. 


Paris exchanges on London in litres, 
sols, and deniers: and also in 
francs and cents. 

12 deniers rz 1 sol. 

20 sols = 1 livre Tournois. 

3 livres ~ 1 ecu. 

Reduce <^3151 5 2* sterl. into 
20 lit.Tour n.at 

• - 3Qld,per ecu, 

63025 8 

12 - 

-247 

756302 - 

8and take in6 fori 


6050422 

3 and take in 4for 

—-the fraction. 

247)18151270(734^6 
4729 


861 

741 


1202 

988 


2147 

1976 


1710 

1482 


228 

20 


247)4560(13 

' < r . W > 

C — SS 

Aj 3C #> 

247 

-e-° •' 

c 

2090 

HI 

1976 

e2 


114 


12 


247)1368(6 nearly 
1482 

2f?i-s&\73486 18 6 Litres Tourn . 


K4 


London 
























136 


EXCHANGES. 


London exchanges on Madrid in 
pounds, shillings, and pence. 

Th c par 39 2 d. for 1 dollar or piece 
of eight. 

Reduce 2964 doll. 3 rials. \7marxa- 
dies, into sterling at par. 

RULE. 

Multiply by the price of exchange, 
and theproduct will be the answer 
in pence. 


EXAMPLE. 

2964 3 17 at 39 \d.per doll. 
39 


26676 

8892 

1482=$ 

9$ for 2 rials, $of39 id. 
5 for 1 ditto. 

2| for 17 niarv. 

12)117095$ 

2|0)975|7 lit 


487 17 11$ 


Ans. <£487 17 11$ sterling. 

Usance 60 .days, and 14 days 
of grace. 

Usance at Cadiz, 2 months, and 6 
days- of grace. 

But bills refused acceptance in Spain 
are allowed no days of grace. 


I 


Madrid exchanges on London in dol¬ 
lars, rials, and marvadies. 

34 marvadies zr ] rial. 

8 rials z= 1 dollar or piastre. 
Reduce <£487 17 11 $ sterl. into 
20 dollars at 
— 39id.per doll. 

9757 4 

12 - 

- 158 

117095 -. 

4 and take in thefract. 


158)468381(2964 

316 

1523 

1422 

1018 

948 

701 

632 

69 
' 8 

158)552(3 

474 

78 * 

34 

312 

234 

158)2652(17 nearly 
158 

1072 

1106 

- Doll. r. m. 

Ansiv . 2964 3 17 


London 









EXCHANGES. 


137 


London exchanges on Lisbon in 
pounds, shillings, and pence. 

milbreas 

Reduce 974 — 250 into sterling at 
66d. per millrea. 


RULE. 

Multiply by the price ofexchange, 
and cut off the 3 right-hand 
figures; the product will be the 
answer in pence and decimal 
parts of a penny. 

EXAMPLE. 

974 — 250 at 66d. per millr. 

66 


5 854,500 
58455,00 

12)64300,500 


2|0)5358 4§ 


Answ. 267 18 4f sterling. 

IJsance, 30 days after sight; and 6 
days of grace on accepted bills 
only. 


Lisbon exchanges on London in reas, 
pricking off'every 3 figures (as is 
common in whole numbers) to 
assist the eye in distinguishing 
the thousands from the interior 
numbers. 

Reduce £ £ > 267 18 4| ster/.into reas. 
at 66d. per millrea. 

RULE. 

Turn the given sum intopence(add- 
ing 3 ciphers) and divide by the 
price of exchange; the quotient 
will be the answer. 

EXAMPLE. 

Stcrl.£267 18 4£at 6$#.per millr. 
20 

5358 

12 


66)64300,500(974,250 

594 


490 

462 


280 

264 


165 

132 

330 

330 

0 

0 

Answ . 97 4 mill. 250 reas. 


London 











138 


EXCHANGES. 


London exchanges on Leghorn in 
pounds, shillings, and pence. 

Reduce 187 6 dollars, 12 soldi, 6 de¬ 
nari, into sterling at 50$d. for 1 
dollar of exchange. 

RULE. 

Multiply by the price of exchange, 
and the product will be the an¬ 
swer in pence. 

EXAMPLE. 

1876 12 6 at 50$d. 

50 per dollar. 


93800 

469 

| of 501 25 for 10 soldi. 

4 — 6£ for 2s. 6d. 


00 i 
2l0)785|S 4f 


Ansxo. 392 18 4| sterling. 
Usance, 30 days after date. 

No days of grace, but bills must be 
paid on theMonday, Wednesday, 
and Friday, after they become 
due. 


Leghorn exchanges on London in 
dollars, soldi , and denari. 

12 denari zz 1 soldi, or 8 rials. 

20 soldi zz 1 dollar of exchange. 

Reduce £392 IS 4f sterling into 
dollars, at 50fd. per dollar. 

, RULE. 

Turn the sum giving into farthings, 
and divide by the price of ex¬ 
change. 

EXAMPLE. 

Sterl. £392 18 4£ at 50\<Lper doll, 
20 4 


7853 20i 

12 -- 


94300 

4 and take in 2 for the 

- fraction. 

201)377202(1876 . 

201 


1762 

1603 


1540 

1407 

1332 

1206 


126 

2Q 


201)2520(12 
20 i 


510 

402 

108 

12 


201)1296(6 

1206 

- Doll, soldi, d. 

Ansvj. 1876 12 6 


l<oiidon 


















EXCHANGES. 


133 


Loudon exchanges on Genoa in 
pounds, shillings, and pence. 

Reduce 1197 dollars 15 soldi into 
sterling at 494 for 1 dollar or 
pezzo out of bank. 

RULE. 

Multiply by the price of exchange, 
and the product will be the an¬ 
swer in pence. 

EXAMPLE'. 

1197 I5at 4>9Id. per doll. 

49 


10773 

4788 

i — 598§ 

| of 49£ 241 for 10 soldi. 

\ 12| for 5 ditto . 


12)59288§ 


2|0)494|0 8§ 


An-sw. £247 0 8| sterling. 

Usance, 3 months. 
Pays of grace, 30. 


Genoa exchanges on London in dol¬ 
lars, soldi, and dehari, out of 
Bank. 

12 denari zz 1 soldi. 

20 soldi zz 1 dollar of exchange. 

Reduce £247 0 8f sterling into 
dollars at 49 \d. per dollar, 

RULE. 

Turn the given sum into farthings, 
and divide by the price of ex¬ 
change. 

EXAMPLE. 

Sterl. £247 0 8f at 49 \d. per dolL 
20 4 “ 


4940 198 

12 - 

59288 

4 


198)237154(1197 

198 


391 

198 


1935 

1782 

1534 
1386 


148 

20 


198)2960(15 

198 


980 

990 


Doll, soldi . 

Anszv. 1197 15 out of Bank 


London 
















140 


EXCHANGES. 


London exchanges on Venice in 
pounds, shillings, mid pence. 

Reduce 4768 ducats, 22 grossi, 1» 
marchetti, into sterling at old. 
for 1 ducat banco, 

RULE. 

Multiply by the price of exchange, 
and the product will be the an¬ 
swer in pence. 

EXAMPLE. 

Banco. Doll. 4768 22 1 at 5Id. 

51 per due. 


4768 

23840 

| of 5 Id. 25 \ for 12 grossi. 

12ffor 6 ditto. 

8 4 for 4 ditto, 
i for 1 ?narch. 

» 1 

12)243215 
2|0)2026|7 II 
Anszu. £ 1013 7 11 sterling. 


Usance, 3 months; days of grace, 
6, when the bank is open, ex¬ 
clusive of Sundays and holidays. 


Venice exchanges on London in 
ducats, grossi, and marchetti. 

5-g- marchetti zz l grossi. 

22 grossi z= 1 ducat. 

Reduce .£1013 7 11 sterling into 
ducats, at 5 Id. per ducat. 

RULE. 

Turn the given sum into pence, and 
divide by the price of exchange. 

EXAMPLE. 

Sterl. £1013 7 11 at 51 d. per due. 
20 


20267 

12 


51)243215(4768 

204 


392 

357 

351 
306 

455 

408 


47 

24 

188 

94 


51)1128(22 

102 


108 

102 

51)31(0 

Anszu. Due. 4768 22 Q 


CHAPTER 














BILLS OF EXCHANGE 





141 




CHAPTER IX. 


OF BILLS OF EXCHANGE. 



vr tAUH A JN l» £. ^ 


Of Foreign Bills. 

A BILL of Exchange Is a piece of paper, on which is written a 
order, given by a banker, &c. for paying to such a person 
order, a certain sum of money, at an appointed time. 

In order to understand this subject, it will be necessary to explain 
terms used in bills of exchange. 

The drawer is the person who draw's the bill of exchange. 

The drawee is the person upon whom it is drawn ; and he is so called 
before he accepts the same; but after he has accepted, he is then called 
the acceptor. 

An indorser. —Every person, before he can pay away, or pass, a bill 
of exchange, must write his name on the back of the bill; and he is there¬ 
fore called an indorser. 

An indorsee is any person who is in possession of a bill of exchange, 
in consequence of its having been indorsed to him. 

The payee is the person in whose favour a bill is drawn ; as, if A. 
draws upon B.directing him “ to pay to C. or order” C. is called the payee; 
and, before C. can pass away the same, he must indorse it. 

If the drawee refuse to accept or pay the bill, the payee must cause 
it to be protested. 

A protest signifies to the drawer, that the party upon whom he drew 
his bill was unwilling, not to be found, or insolvent; and to let him (the 
drawer) have timely notice thereof; and also to enable the party to 
recover against the drawer; and also against the acceptor, as far as he 
can pay, if the bill be accepted. 

A foreign bill must be protested on the last day of the three days of 
grace allowed ; (after the time expressed upon the bill;) and, if not paid 
upon the last of the three days, the party ought immediately to protest 
the bid and return it; but, if the last of the three days be a great holiday, 
the day before is the day of payment. 

Bills of exchange must be sued for within six years after their beco¬ 
ming due. 

If two or three bills are drawn for the same sum, they shall carry a 
condition with them that only one should be paid ; and, in a declaration 
on one of them, it is not necessary to aver that the other bills were not 
paid. 

Of Inland Bills. 

Inland bills of exchange are those drawn by one banker, merchant, or 
.tradesman, residing in one part of the kingdom, on another, residing in 
London, or in some city or town within the said kingdom. 

The possessor should present it for acceptance as soon as it comes to 
his hands, though the time expressed be not expired ; for by acceptance 
his security is increased. 

Acceptance is made by the drawee, or his partner or clerk, in writing, 
upon the bill. 


on ’ orhi 2%^ 
i plain the v 



U2 


BILLS OF EXCHANGE. 


If £fie* bill is r»f)l p£id within threa days after the-dig^expressed^ 
thereon be elapsed, it must be protested ; which pr6f%st, or ftotice s 
V-thereof, shall be sent within fourteen days to the drawer. Protests to be 
^''nniade b^ notary public, or by any other substantial person, of the city, 

• town, or 'jplace, in the presence of two or more credible witnesses; re¬ 
fusal or neglect being first made of due payment of the same ; which 
• protest shall tie made, JandAvikUna under a fair copy of the said bill of 
** 'exchange, in the. words ol^frrn. following : 

^ Know, all men, that I, A.B. on tIce day of , at the usual 

f ’jjface*of a&ode *of 4he said , bare demanded payment of the bill of 

- ^fwhidi the above is a copy, which the said did not pay ; whereof I, 

Uhe said , do hereby protest the said bill. Dated at this 

^ of 

< If the bill be not excepted, the drawer shall not be liable to damages 

v*.‘ "%nd interest, unless protest or notice of such non-acceptance be sent to 
the drawer in fourteen days. 

A person accepting of a Bill in satisfaction of a debt, must get it pro¬ 
tested, if not paid in due course, or lose such a debt. 

For want of protest, the party cannot recover interest and cost upon 
an inland bill against the drawer. 

If A. sells goods to B. and B. is to give a bill in satisfaction, B. is so 
far discharged, that he cannot be sued for the goods, though the bill be 
never paid ; for, the bill is payment: but he is liable to be sued for the 
bill. 

A note or bill is no absolute payment, though agreed to be such, if 
the giver of it knows the person upon whom it is drawn to be in a fail¬ 
ing condition. 

Of what shall be deemed a Bill of Exchange. 

The custom prescribes the form of a bill, and raises a contract. 

It is not requisite to observe the same nicety in a bill of exchange as 
in deeds and wills. 

A bill, payable out of a particular fund, is no bill of exchange. 

Pray pay out of my growing subsistence —is no bill of exchange. 

A bill, payable out of the fifth payment, as it shall become due, is not 
good. 

Pray pay J. S, or order, at my quarterly half pay per advance, is a 
negotiable bill. 

Bill, without the words value received, is no bill of exchange. 

Bill, payable to me or my order, is a good bill, if accepted. 

Of the Acceptance. 

The acceptance of a bill of exchange is such an act, by the drawee, 
as will make him liable to pay the same. IL is usually made by sign¬ 
ing his name or initials at the bottom of the bill, when it is presented 
to him by the bearer. 

A very small matter will amount to an acceptance ; and any words 
will be sufficient for that purpose, which shews the party’s assent or 
agreement to the bill; as. 

Writing the day of the month on a bill is sufficient acceptance.* 

Leave 

'* A cause, Thornton .v. Dick, was tried in March 1803 , before Lord Chief Justice 
Ellenborough. It was an action against the defendant, ns acceptor of a bill of exchange, 
after sight. lie had accepted the Bili, but, doubting the responsibility of the drawer, 
he afterwards, before the bili was called for, erased his n'ame, and obliterated the accep¬ 
tance. It became a question, whet net, having once accepted, he could afterwards erase 
it. Lord Ellenborough held the Law to be clear, that a person, having once put his 
name as acceptor, was from that moment bound. The Bill had a currency from that 

time 



BILLS OF EXCHANGE. 


143 


Leave your bill with me and call to-morrow, and it shall be accepted, is a 
sufficient acceptance. 

Leave your bill with me, and 1 will look over my book and accounts be¬ 
tween the drawer and me, and call to-morrow, and the bill shall be accepted, 
is not a sufficient acceptance. 

When a bill was returned for non-acceptance, the drawee said, that 
if it came back again, he would pay it ; it was ruled to be a good accep¬ 
tance. 

Verbal acceptance is sufficient: and an action lies against the acceptor 
thereon, as to the principal, but not for interest and costs. But there 
must be a witness. These words, “ The two bills of exchange which 
you sent me, I will pay, in case the owners of the queen Anne do not,” 
are a sufficient acceptance. 

Acceptance, to pay when the goods are sold, is a good acceptance. 

Acceptance, to pay half in money, half in bills, is good. 

Acceptance, to pay, according. to the tenor of the bill, after the day 
of payment is past, is good. 

A bill may be accepted for part, and the sum accepted lor is good 
against the acceptor. 

Acceptance of a bill, drawn upon two partners, by one of them, binds 
both, if it concerns the joint trade. 

Acceptance of a servant, usually transacting business for his master, 
is good: yet the servant should express such acceptance to be for his 
master, or he is liable himself. 

Of the Protest. 

A protest is absolutely necessary on a foreign bill, where it is refused 
acceptance or payment, in order to charge the drawer. 

The payee must demand acceptance from the drawee before protest. 

If a payee dies, there can be no protest before probate or admi¬ 
nistration. 

If a bill, left for acceptance, be lost, the drawee must give a note for 
the payment thereof; otherwise it may be protested. 

If a bill be lost, and no new one can be had, and the drawee does not 
insist on having the original, but refuses payment on another account, a 
protest made on a copy is sufficient. 

A protest is good evidence of non-acceptance or non-payment, until 
the contrary is proved. 

A protest on a foreign bill is necessary to recover, against the drawer, 
not only interest and costs, but also principal; and such protest must be 
made in due time, and timely notice given to the drawer. What is a 
timely notice must be determined by the customs of the merchants. Con¬ 
venient notice must be given to the drawer of an inland bill: which no¬ 
tice, as to time, must also rest upon the custom and verdict of a jury. 

But, in case of non-payment of either foreign or inland bills, the safest 
way is to give as early notice, to the person of whom it was received, 
as possible: that is, By the first post, or, rather, to send the bill to a 
correspondent, to tender it to the drawer or indorser. Where they 
refuse to accept the bill, it may be protested, before the day of payment, 
for better security, but not lor non-payment. 


Of 

.time, and any alteration cn the face of the Bill discharged the drawer. — The verdict 
was tor the plaintiff. 


BILLS OF EXCHANGE. 


4t 

Of Indorsements. 

Every man, who writes his name upon the back of a bill, becomes 
Bound to the next holder for the amount thereof: it matters not whe¬ 
ther he has received any value for the bill, or does it to serve a friend. 
The indorsement of his name implies him to have received the value of 
the bill, and the law will compel him to be answerable for the same to 
the holder thereof. 

Of zvho shall pay the Money. 

Every drawer, indorser, and acceptor of a bill of exchange, is sepa¬ 
rately liable to the payment thereof. 

On non-payment, the payee the person to whom it is to be paid) 
may sue the acceptor and drawer; but he can have but one satisfaction, 
that is, he can .only recover from them jointly the amount of the bill in • 
his hands. 

He who accepts for the honour of the drawer, is liable to the pay¬ 
ment, although he may have no effects. The acceptance is an under¬ 
taking for the payment, and the law will oblige him. 

If a bill be indorsed to the drawer of it, he may maintain an action, 
as the indorsee, against the drawee, if the latter had effects of the draw¬ 
er at the time of drawing the bill; .otherwise not. 

The holder of a bill must tender it before the three days grace are 
expired. 

If the indorsee indulges the acceptor after the bill is due in course of 
payment, it is at his own risk; and, if the acceptor fails, he has no re¬ 
medy against the drawer, or person who paid him the bill. 

The last indorser of the bill of exchange may maintain an action 
against any of the former indorsers, and so any indorser may against all 
that precede, him. 

An indorser of a bill, who has paid it, must prove payment in an 
action against the acceptor. 

The indorser of a foreign bill of exchange may be charged, without 
first resorting to the drawer. 

If the indorsee receive a sum, in part, of the acceptor, he has no 
remedy against the drawer or any indorser for the remainder, but a- 
gainst the acceptor only. 

A man cannot be sued in England, Scotland, or Ireland, on his accept¬ 
ance of any bill of exchange abroad, after he has been discharged by 
the laws of that country. 

It is not necessary to prove the hand of the drawer in an action 
againstthe acceptor, nor can the acceptor set up the forgery of the bill. 

The assignee of the indorsee may sue, on a general indorsement, 
to the latter only. 

The winner’ shall not recover, on a bill of exchange, for money won 
at play, against the acceptor, othervvire than in the case of an indorsee. 

If A. draws a bill payable to B. for the use of C. and B. indorses it 
to D.—D. may bring an action for the money. 

If a bill be assigned for a just debt, equity will not relieve, though 
the bill was at first given without consideration. 

Bill upon B. payable to D. is accepted bv B. and indorsed by C. to 
D. B. is discharged of any payment as to C. 

Duty on Inland Bills of Exchange. 

For every bill of exchange, draft, or order, payable otherwise than on 
demand, or any promissory or other note payable otherwise than to the 
bearer on demand, a stamp-duty as follows, viz. 


Where 


BILLS OF EXCHANGE. 


145 


Where the sum shall amount to 


One shilling. 

One shilling and sixpence. 
Two shillings. 

Three shillings. 

Four shillings. 


2l. and not exceeding 30l. 

Above 30l. and not exceeding 50l. 

Above 50l. and not exceeding 1001. 

Above 1001. and not exceeding 2001. 

Above 200l. 

Foreign bills of Exchange. 

Foreign Bills of Exchange drawn in sets, according to the custom of 
merchants, a stamp-duty as follows, viz. 

Where the sum shall not exceed 
lOOl. One shilling 

Exceeding lOOl. and not 200i. One shilling and sixpence 

Exceeding 20(>l. Two shillings. 

And every bill of each set so drawn is declared to'be chargeable with 
v the duty. 

Exceptions from the foregoing Duties. 

1. Drafts or orders, payable to bearer on demand, bearing date on 
or before the day on which the same shall be issued, and at the place 
whence the same shall be drawn and issued, and drawn upon any banker, 
or person acting as a banker, and residing or transacting business as a 
banker, within ten miles of the place where such draft or order shall be 
actually drawn and issued. 

2. All notes and bills whatever, issued by the Bank of England, 
upon condition of their paying into the Exchequer a certain annual sum 
half yearly, on October 10, and April 5. 

Regulations in the aforesaid Act. 

If any bill, &c. shall be written on paper not stamped. Or stamped 
with a stamp of lower value than directed ; then there shall be due and 
paid the full duty thereby chargeable, which will be payable by, and 
charged upon, all persons who shall draw and make, and utter and nego- 
ciate, such bills, osc. And all persons, who shall write or sign, or cause 
to be written and signed, or who shall accept or pay, or cause to be ac¬ 
cepted or paid, any bill, &c. without being first stamped with a proper 
stamp, or upon which there shall not be some stamp resembling the same, 
shall forfeit 20l. . 

Every promissory or other note, payable to the bearer on demand, 
which shall be issued after payment under this act, shall notwithstand¬ 
ing be payable to the person holding the same; and such person may 
maintain an action thereupon. 

That no bill, &c. shall be available in law or equity, unless stamped 
with the lawful stamp; and that it shall not be lawful for the commis¬ 
sioners to stamp any paper, &c. after any bill, &e. shall be written 
thereon, under any pretenqe whatsoever. 

Promissory Notes. 

For every piece of vellum, parchment, or paper, upon which any 
bill of exchange, draft, or order, for the payment of money on demand, 
shall be written or engrossed, Szc. a stamp-duty as follows, viz. 

Where the sum amounts to 
2l. and not exceeding 5l. 5s. Six-pence. 


Above 51. 5s. and not exceeding 30l. 
Above 30l.v and not exceeding 60l. 
Above 50l. and not exceeding lOOl. 
Above lOOl. and not exceeding 2001. 
Exceeding 200b 


One shilling. 

One shilling& six-pence. 
Two shillings. 

Three shillings. 

Four shillings. 

Promissory 


BILLS OF EXCHANGE. 


146 


Promissory Notes which may be fe-issued after payment at the place where 

first issued. 

For every promissory or other note, for payment of money to the 
bearer on demand, which may be re-issuable, after payment, at the 
place where the same was first issued, a stamp-dutyfollows, viz. 
Where the sum amounts to 
2l. and not exceeding 5l. 5s. Six-pence 
Above 5l. 5s. and not exceeding 301. 

Above 30l. and not exceeding 50l. 

Above 50l. and not exceeding 1001. 

and not exceeding 2001. 


One shilling 

'One shilling & sixpence 
Two shillings. 

Three shillings 
Four shillings. 


Above 1001. 

Exceeding 2001. 

Where these promissory-notes shall be paid by the person by whom 
the same shall have been made or signed, and first issued, and at the 
place where the same were first issued, the person so paying the same, 
notwithstanding such payment, may, at any time afterwards, and so 
often as there shall be occasion after for every such payment thereof, 
but not otherwise, again issue and negociate such notes; and every 
such note is declared to be, after payment, but not otherwise, issuable 
and negotiable. —But, if such notes shall be paid by any other than the 
person making or signing the same, or at any place other than the 
place of issuing, such note shall be construed to be vacated and satisfied, 
and shall be no longer negotiable but cancelled; and, if any person 
shall again issue any such note after payment by any person other than 
the person making the same, or at any place other than the place of 
issuing, or if any person, named in such note for payment thereof, shall, 
after payment, neglect or refuse to cancel the same, such person shall 
forfeit 20l. And, if such note shall not be cancelled, then, and as often 
as it shall be again issued, there shall be due, answered, and paid, the 
like duty as was first charged on such note, to be payable by, and 
charged on, the person who shall again issue and negotiate such note. 

Promissory-Notes zvhich may be re-issued after Payment without Restriction 

to Place. 

v For any promissory or other note, payable to the bearer on demand, 
which may be re-issued, after payment at the same or any other place 
than where first issued, a stamp-duty as follows, viz. 


Where the sum amounts to 
21. and not exceeding 5l. 5s. One shilling. 

Above 51. 5s. and not exceeding 30l. Two shillings. 

It is declared that these notes may, as often as occasion shall require, 
be again issued by the person making the same, notwithstanding such 
notes have, been paid by the person making the same, or any other 
person in pursuance of any appointment for the payment thereof. 

%* All which duties shall be paid by the person tnaJdng or signing such 

bills. 

The regulations under which bills of exchange, when improperly 
Stampt, may be rectified, are contained in 37 Geo. III. c. 136, § 5, 6. 

The following directions, to the several parties to a bill of exchange, 
may prevent the inconveniences to which they may be liable through 
inexperience. 


Tim 


BILLS OF EXCHANGE. 


147 


The Drawer qf Bills 

Should be well satisfied that they will be accepted and duly honoured 
before he draws: to this end, it is requisite that he be assured of having 
effects in the hands of the person drawn upon, and also that he be a 
man of integrity and punctuality, who will not dishonour his paper, but 
pay it regularly as it is due. 

The Acceptor 

Should be careful to accept no bill but what he has effects in his 
hands to answer. 

To insist upon his correspondent advising of each bill as soon as 
drawn, specifying the number, date, sum, time, and to whom payable, 
for, if he should accept or pay a forged draft, the loss will fall on 
himself. 

To adjust and balance all accounts of this nature at least once in three 
months, and oftener if the drafts are large and continual. 

The Bill-Holder 

Should exchange no drafts for a stranger, where he is not convinced 
of the validity thereof from the ivritmg of the drawer or acceptor ; if 
not, offer to send the bill to one of the parties, and, when in cash, that 
he will account with him for the value. 

See that the bill be drawn upon a proper stamp; and make the per¬ 
son, paying the bill to you, indorse his name on the back. Take a re¬ 
gular copy of the particulars of the bill in a book. 

If the bill be not already accepted, present it for acceptance. If the 
person it is drawn upon will not accept, and also adds he will not pay 
it when due, you had best return it to the indorser or drawer imme¬ 
diately, taking a good bill or cash for the same. 

But, if the drawee says he may pay it when due, wait till that day, 
present it for payment, and if refused then, have it protested, and for 
the amount cau upon the endorser. But, as you have at present the 
indorser and drawer as your security, be cautious how you give up the 
bill to either for their single security, if doubtful. 

When you remit a bill, indorse, on the back thereof, “ Pay the con¬ 
tents to A. B. of C. or order, D. E.” This will prevent the bill being 
negotiated, should it fall into bad hands. 

If the bill be payable to bearer, write, upon the face thereof, “ Sent 
by post, August, 1798, to A. B« of C. D. E.” in red ink.—Indorse no 
bill until! you pay it away. 



/ 




L2 


CHAPTER 


Isle of Man, Castle- 


CHAPTER X. 


USEFUL TABLES AND MISCELLANEOUS ARTICLES, 


TABLES OF THE REAL AND IMAGINARY 

MONEYS OF THE WORLD: 

WHEREIN THE 

SPECIES OF MONEY ARE SPECIFIED, AND THE COMPUTATION 
OF EACH NATION EXPLAINED. 


REMARK. 

The Figures standing after the Denomination of each foreign Piece 
show the English intrinsic or sterling Value thereof : and this Mark * * 
is prefixed to every imaginary Money ; or, as it is called. Money of 
Account . This Mark zz means is, make , or equal to. 


& 


bO 

a 

o 

Q 

c 

i 


NORTHERN PARTS OF EUROPE. 


ENGLAND AND SCOTLAND. 


“ 1 farthing 
2 farthings 
2 halfpence 

4 pence 
6 pence 

12 pence 

5 shillings 

20 shillings 

21 shillings 


1 halfpenny 
1 penny 
1 groat 

half a shilling 
1 shilling 
1 crown 

* 1 pound 
I guinea 


0 0 0 | 
0 0 Of 
0 0 1 
0 0 4 
0 0 6 
0 1 o 
0 5 0 
1 0 0 
I 1 0 


1 

farthing* 

farthings 

rz 



0 

0 

OA 

2 

zz 

1 halfpenny 

zz 

0 

0 

* T 

°T 

2 

halfpence 

zz 

1 penny 

zz 

0 

0 

Oy 

7 

pence 


1 half shilling 

zz 

0 

0 

6 

12 

pence 

zz 

* 1 shilling manks 

zz 

0 

0 

10f 

14 

pence 


1 shilling 

zz 

0 

1 

0 

70 

pence 

zz 

1 crown 

— 

0 

5 

0 

20 

shillings 

zz 

* 1 pound manks 

zz 

0 

17 

u 

24§ 

shillings 


1 guinea 

= 

1 1 0 
NORTHERN 













MONEYS OF EUROPE. 
NORTHERN PARTS OF EUROPE. 


149 


IRELAND. 


1 farthing zz 

2 farthings zz 
2 halfpence zz 
6§ pence zz 

o f 12 pence zz 
13 pence = 


o 

rX 


i halfpenny 
* 1 penny 

half shilling 


"C5 

£ C 
.5 o 
3-0 


1 shilling Irish 
1 shilling 


°A 

oil 

6 


0 Ujf 
1 0 


o 

*8 8 
cn 

■fl 


w w 

coo 

o 


65 pence zz 


1 crown 

— 

0 

5 

0 

20. shillings zz 

* 

1 pound Irish 

zz 

0 

IS 

r'i 

a -a 

22| shillings zz 


1 guinea 

zz 

1 

1 

0 

' FLANDERS 

AND BRABANT. 





*1 pening zz 



zz 

0 

0 

0-rftf 

4 pen ingens zz 


1 urch 

— 

0 

0 


$ peningenszz 

* 

1 grot 

zz 

0 

0 

OA : 

2 grotes zz 


1 petard 

zz 

p 

0 

0& 

6 petards zz 

* 

1 scalin 

zz 

0 

0 


7 petards zz 


1 scalin 

zz 

0 

6 


40 grotes zz 

* 

1 florin 

zz 

0 

i 

6- 

17|scalins zz 


1 ducat 

zz 

0 

9 

3 

,240 grotes zz 

* 

1 pound Flemish 

= 

0 

9 

0 


HOLLAND AND ZEALAND. 


& 


J5 

to 

i— 

3 . 

*1 pening 

8 peningem 


* 1 grot 

zz 

0 

0 

0 

0 

Oft* 

Off 

as o 

4* 

2 grotes 

zz 

1 stiver 

zz 

0 

0 

1 2^ 

6 stivers 

zz 

1 scalin 

— 

0 

0 

6 /xf 

,72 bo, 
.2 ^ 
. as 

20 stivers 

zz 

1 guilder, or florin 

izz 

0 

1 

9 ' 

50 stivers 

zz 

1 rix-dollar 

zz 

0 

4 


o % 

60 stivers 

zz 

1 dry guilder 

zz 

0 

5 

3 

s - 

105 stivers 


1 ducat 

Zz 

0 

9 


0 

-o 

6 guilders 

zz 

* 1 pound Flemish 

zz 

0 

10 

6 


GERMANY. 


« £ 

r *i 

tryhng zz 

* 1 sexling 

zz 

0 

0 

Ot!* 

C oO 
o 

2 

trylings zz 

ZZ 

0 

0 



2 

sexlings zz 

1 fening 

ZZ 

0 

0 

\o* 

„ s 

12 

fenings zz 

1 shilling lub 

ZZ 

0 

0 

i4r 

■&£ <! 

; i6 

shillings zz 

* 1 marc 

'r=s 

0 

1 

G 


2 

marcs zz 

1 slet dollar 

zz 

0 

3 

0 

C O 

3 

marcs zz 

1 rix-dollar 

zz 

0 

4 

6 

■§ 0) 

-Q 

6f 

marcs zz 

1 ducat 

zz 

0 

9 

4§ 

*3 

120 

shillings zz 

* 1 pound Flemish 

=5 

0 

11 

3 


I M 

O . 

**3 

s - 
gw 


B 


r *l fening 

3 fenings 
8 fenings 

12 fenings 
8 groshen 
16 groshen 
24 groshen 
32 groshen 

4 guldens 


1 dreyer 
1 marien 
1 grosh 
1 half gulden 
1 gulden 
1 rix-dollar 
1 double gulden 
1 ducat 


0 0 0- 4 V 
0 0 0/* 
0 0 if 
0 0 l£ 

1 
2 

3 

4 
9 


NORTHERN 

















Austria and Swabia, Bohemia, Silesia, Hun- Cologne, Mentz, Tri- Brandenburg and Po- Saxony and Holstein, 

Vienna,Trieste, Augs- gary, Prague, Breslau, ers, &c. Munich, ; merania, Berlin, Stet- Dresden,Leipsic,Wis- 

burgh, &c. Presburgh. Munster, &c. tin, &c. mar, &c. 


MONEYS OF EUROPE. 


ISO 


NORTHERN PARTS OF EUROPE. 


GERMANY. 


I heller* 

zz 


zz 

0 

0 

<V* 

2 hellers 

= 

1 fening 

zz 

0 

0 


6 hellers 

zz 

1 dreyer 

zz 

6 

0 

0 T% 

16 hellers 

— 

1 marien 

zz 

0 

0 

1* 

12 fenings 


1 grosh 

zz 

0 

Q 

H 

16 groshen 

zz 

1 gould 

zz 

0 

2 

4 

24 groshen 


* 1 rix-dollar 

zz 

0 

3 

6 

32 groshen 

zz 

1 specie dollar 

zz 

0 

4 

$ 

4 goulds 

= 

1 ducat 

= 

0 

9 

♦ 

1 denier* 



rr 

0 

0 

<hh 

9 deniers 

zz 

1 polchen 

zz 

0 

Q 

Qiv 

18 deniers 

zz 

1 grosh 

zz 

0 

0 

0/3 

3 polchens 

zz 

1 abrass 

zz 

6 

0 

oA 

20 groshen 

zz 

* 1 marc 

zz 

Q 

0 

H' 

30 groshen 

zz 

1 florin 

zz 

6 

1 

2 

90 groshen 

zz 

* 1 nx-doUaf 

zz 

Q 

3 

6 

J08 groshen 

zz 

1 albertus 

zz 

0 

4 

2| 

8 florins 

zz 

t ducat 

ss 

0 

9 

4 


1 dute 

3 dutes 

2 cruitzers 
8 dutes 

3 stivers 

4 plaperts 
40 stivers 

2 guilders 

4 guilders 


1 cruitzer 
1 albus 
l stiver 
1 plapert 
1 copstuck 
1 guilder 
1 hard dollar 


zz 1 ducat 


0 Og^y 

0 Of! 

0 

0 o& 
o 


1 fening 

zz 


zz 

0 

0 

0/e 

2 fenings 

zz 

1 dreyer 

Zz 

0 

0 

0j 7 6 

3 fenings 

•— 

1 grosh 


0 

Q 

0 Tts 

4 fenings 

— 

1 cruitzer 

— 

0 

0 

Oft 

2 cruitzers 

r— 

1 white grosh 

: 

0 

0 

oi| 

60 cruitZers 

zz 

1 gould 

— 

0 

2 

4 

90 cruitzers 

zz 

* 1 rix-dollar 

zzz 

0 

3 

6 

2 goulds 

zz 

1 hard dollar 

— 

0 

4 

8 

4 goulds 


\ ducat 


0 

9 


1 fening 

r= 


— 

0 

0 

o& 

2 fenings 

;= 

1 dreyer 

— 

0 

0 

0 * 

4 feDings 

zz 

1 cruitzer 

rr 

0 

0 

o/ T 

14 fenings 

ZZ • 

1 grosh 

zz 

0 

0 

1 19 

4 cruitzers 

zz 

1 batzen 

fr* 

0 

0 

lj| 

15 batzen 

zz 

1 gould 

=3 

0 

2 

4 

90 cruitzers 

zz 

* 1 rix-dollar 

— 

0 

3 

6 

30 batzen 

zz 

1 specie dollar 


0 

4 

8 

60 batzen 

zz 

1 ducat 


0 

9 

4 


NORTHERN 















MONEYS OF EUROPE. Ul 


NORTHERN PARTS OF EUROPE. 


■«S -3 

c3 Q 


^ U)' 

si 

i 




bC 




1 fening zz 
4 fenings zz 

3 cruitzers zz 

4 cruitzers zz 
15 cruitzers zz 
60 cruitzers zz 
90 cruitzers zz 

2 goulds zz 
240 cruitzers zz 


GERMANY. 


1 cruitzer 
1 keyser grosh 
1 batzen 
1 ortgould 
1 gould 
* 1 rix-dollar 
1 hard dollar 
1 ducat 


POLAND AND PRUSSIA. 


o ho 
& fc 

1 shelon 

3 shelons 


1 grosh 

zz 

« bO 

5 groshen 

— 

1 coustic 

• — 


3 coustics 

— 

1 tinse 

— 

C n 

18 groshen 

zz 

1 ort 

zz 

30 groshen 

— 

1 florin 

zz 

£.$? 

O N 

90 groshen 

zz 

* 1 rix-dollar 

zz 

•si 

8 florins 

zz 

1 ducat 

zz 

Ui 03 

UP 

5 rix-dollarszz 

1 Frederic d’or 

zz 


•v # 

O 

' ed 


Pd 


1 blacken zz 
6 blackens zz 
9 blackens zz 

2 groshen zz 
6 groshen zz 

30 groshen — 
90 groshen zZ 
108 groshen zz 
64 whitens zz 


LIVONIA. 


1 grosh zz 

1 vorden zz 

1 whiten zz 

1 marc zz 

1 florin zz 

* 1 rix-dollar zz 

1 albertus zz 

1 copper-pl. doll, zz 


0 0 0 ^ 
0 0 0 -£ 
0 0 1 | 
o o m 
0 0 7 
0 2 4 

0 3 6 
0 4 8 

0 9 4 


0 0 0/ T 
0 0 0 ^ 
0 0 2i 
0 0 7 

0 0 8 | 
0 1 2 
0 3 6 

0 9 4 

0 17 6 


0 d 0& 
0 0 0/ T 
0 0 0* 
0 0 0|| 
0 0 2| 
0 12 
0 3 6 

0 4 2f 

0 4 14| 


DENMARK, ZELL, NORWAY. 


*§i i 

p 1 skilling zz 


— 

0 

0 


G s 

o 

6 skillings zz 

1 druggen 

zz 

0 

0 

H 

6 

16 skillings zz 

* 1 marc 

zz 

0 

0 

9 


20 skillings zz 

1 rix-marc 

ZZ 

0 

0 

n$ 


24 skillings zz 

1 rix-ort 

zz 

0 

1 

if 

fee be § 

4 marcs zz 

1 crown 

zz 

0 

3 

0 

G CQ ~ 

6 marcs zz 

1 rix-dollar 

zz 

0 

4 

6 

4/ 

P- ? 

11 marcs zz 

1 ducat 

zz 

0 

8 

3 

C o 

p od 

14 marcs zz 

1 hat-ducat 

zz 

0 

10 

6 


SWEDEN 

AND LAPLAND. 





6 

”1 run stic* zz 


zz 

0 

0 

o* 

©d 

2 runstics zz 

1 stiver 

zz 

0 

0 

O, 7 * 

’Is ’. 

8 runstics z^ 

1 copper marc 

zz 

0 

0 

n 


3 copper mareszz 

1 silver ditto 

zz 

0 

0 

4f 

- << 

4 copper mareszz 

1 copper dollar 

'~r 

0 

0 


■ £ 2 

9 copper mareszz 

I Caroline 

:zz 

0 

i 

2 


3 copper doll, zz 

i silver-do!Jar 

zz: 

0 

1 

*1 


3 silver dollarszz 

1 rix-dojlur 

zz 

0 

4 

''H 

o 

5 

2 ri^y-dollars zz 

1 ducat 

— 

0 

9 

4 



h 4 


NORTHERN 
















Geneva, Pcokav, Bern, Lucerne, Ncuf- St, Gail, Appensel, Basil, Zurich, Zug, Petersburg:, Arclian- 

Bonne. chatel, &c. &c. &c. ' gel, Moscow, &c. 


15* 


MONEYS OF EUROPE. 


NORTHERN PARTS OF EUROPE. 


RUSSIA 

AND MUSCOVY. 





r 1 polusca 




0 

0 

o*% 




2 poluscas 

— 

1 denusca 


0 

0 

0 jVs 

2 denuscas 


* 1 copec 


0 

0 

0?O 

3 copecs 

zz 

1 altin 


0 

0 

0-fl 

10 copecs 

— 

1 grievener 

= 

0 

0 

°7 

25 copecs 

— 

1 polpotin 

zzz. 

0 

1 

H 

50 copecs 

— 

1 poltin 


0 

2 

3 

100 copecs 

— 

1 ruble 


0 

4 

6 

2 rubles 


J xervonitz 


0 

9 

0 

SOUTHERN PARTS OF EUROPE. 





SWITZERLAND 





f 1 rap 



— 

0 

0 

.0* 

- I — 


. » " 

3 rapen 

— 

1 fening 

= 

0 

0 

of 

.4 fenings 

zz 

1 cruitzer 

zz 

0 

0 

04 

J2 fenings 

— 

* 1 sol 

— — 

0 

0 

11 

{ 15 fenings 

— 

1 coarse batzen 

zz 

0 

0 

If 

18 fenings 

— 

1 good batzen 

— 

0 

0 

21 

20 sols 


* 1 livre 

— 

0 

2 

6 

60 cruitzers* 

— 

1 gulden 

zz 

0 

2 

6 

to 108 cruitzers 

— 

1 rix-dollar 

zz 

0 

4 

6 

~ 1 heller 

_ 


, 

0 

0 

°iV 




2 hellers 

zz 

1 fening 

— 

0 

0 

of . 

4 fenings 

,* 

1 cruitzer 

zz 

0 

0 

01 

12 fenings 

■— 

- * 1 sol 

— 

0 

0 

If 

4 cruitzers 

zz 

1 coarse batzen 

zz 

0 

0 

2 

5 cruitzers 

ZZ‘ 

1 good batzen 

— 

0 

0 

21 

20 sols 

—■ 

# 1 livre 

Z"" 

0 

2 

6 

60 cruitzers 

zz 

1 gould 

— 

0 

2 

6 

^102 cruitzers 

— 

1 rix-dollar 

ZZ 

0 

4 

3 

1 denier 

= 


zz 

0 

0 

o T V 

4 deniers 

* 

1 cruitzer 

— 

0 

0 

°T 

3 cruitzers 

zz 

* 1 sol 

zz 

0 

0 

H 

. 4 cruitzers 

zz 

1 piapert 

zz 

Q 

0 

H 

^ 5 cruitzers 

ZZ 

1 gros 

zz: 

0 

0 

2 

6 cruitzers 


1 batzen 


0 

0 

2| 

20 sols 


* 1 livre 


0 

o 

0 

75 cruitzers 

— 

1 gulden 

zz 

0 

2 

6 

^135 cruitzers' 


1 crown 

zz 

0 

4 

6 

1 denier 

— 

.... 

zz 

0 

0 

OwV 

2 deniers 

zz: 

1 denier current 

ZZ/ 

0 

0 

OtV 

}2 deniers 

— 

1 small sol 

~~~* 

0 

0 

Of 

12 den. curr.zz 

1 sol current 

zz 

0 

0 

Of 

^ 12 small sob 


* 1 florin 


0 

0 

41 

20 sols curr. 

— 

* 1 livre current 

— 

0 

1 

3 

101 florins 


1 pacaton 

zz 

0 

3 

11| 

15f florins 

zz 

1 c.roisade 

*~*~ 

0 

5 

I Of 

w 24 florins 

zz 

1 ducat 

zz 

0 

9 

0 ' 


SOUTHERN 


















MONEYS OF EUROPE. 153 

SOUTHERN PARTS OF EUROPE. 


FRANCE AND NAVARRE. 


Ji 

- 

1 

denier 

zr 

— 

0 

0 

0 1 

> . 


12 

deniers 


1 sol zz 

0 

0 

Of 



15 

deniers 

zz 

1 petard — 

0 

0 

of 

cS 


15 

petards 

— 

* 1 piette zz 

0 

0 

n 

a « 4 

20 

sols 

~ 

* 1 livre Tournois zz 

0 

0 

10 

cu c 

U cu 


20 

petards 

rz 

* 1 florin zz 

0 

1 

ok 

o 


60 

sols 

zz 

1 ecu of exchange zz 

0 

2 

6 

^ j3 


10- 

livres 

m 

1 ducat zz : 

0 

8 

9 



24 

livres 

— 

1 Louis d’or zz 

1 

0 

0 

1 

c; 

r 

1 

denier 

— 

— 

0 

0 

0/. 

S ^ ^ 


12 

deniers 

zz 

1 sol zz 

0 

0 

Of 


15 

deniers 

zz 

* 1 petard zz 

0 

0 

°f 

7i 


15 

sols 

rz 

* 1 piette zz 

0 

0 

Ci v) Cl 


.20 

sols 

; : 

* 1 livre Tournois zz 

0 

0 

10 

p 1 ^ 

i 

3 

livres 

zz 

1 ecu of exchange zz 

0 

2 

6 

6 

L 

24 

livres 

— 

1 Louis d*or = 

1 

0 

0 


For the new moneys of France , see the observations, &c. 

at 





the end of this table. 




t 

r* 

1 

denier 

zz 

— 

0 

0 

°f* 

o§ 

*<u * 
oo 


3 

deniers 


1 Hard zz 

0 

0 


2 

liaids 

— 

1 dardene zz 

0 

0 

0 i 

* 3 „ 


12 

deniers 

zz 

1 sol zz 

0 

0 

o| 

tr, © • (V, 

c « £ H 


20 

sols 

zz 

* 1 livre Tournois zz 

0 

0 

10 

C C 

r*^ • O 


60 

6 

sols 

livres 

~ 

1 ecu of exchange zz 

1 ecu zz 

0 

0 

2 

5 

6 

0 



10 

livres 

zz 

* 1 pistole zz 

0 

8 

4 



24 

livres 

zz 

1 Louis d’or zz 

1 

0 

0 


PORTUGAL. 


6 

I re zz 




zz 

0 

0 

0- 27 - 

w 40» 


10 rez zz 


1 

half-vintin 

— 

0 

0 

Oil 


20 rez zz 


1 

vintin 

zz 

0 

0 

L 7 o 

w 

5 vintins zz 


1 

testoon 

rz 

0 

0 

6* 

t i 

[ 4 testoons zz 


1 

crusade of exch 

.rz 

0 

2 

3 

o 

24 vintins zz 


1 

new crusade 

rz 

0 

2 

*i 

£ 

10 testoons zz 

# 

1 

milre 

rz 

0 

5 

7- 
4 2 

o 

*o 

4S testoons zz 


1 

moeda 

zz 

1 

7 

0 

a 

64 testoons zz 


1 

Joanese 

= 

I 

16 

0 


SPAIN 

AND 

CATALONIA . 





jj 

" * 1 maravedie zz 




zz 

0 

0 

Oi~fx 

y 

2maravedieszz 


1 

quartil 

zz 

0 

0 

o 4 v 

O 7s 
co 

34maravedieszz 


1 

rial 

zz 

0 

0 

H 


2 rials zz 


1 

pistarine 

zz 

0 

0 

\oi 


8 rials zz 

# 

1 

piastre of exch. 

zz 

0 

3 

7 

c3« 

10 rials zz 


1 

dollar 

zz 

0 

4 

5| 

r2 6 

375 maravedieszz 

* 

1 

ducat of exch. 

rz 

0 

4 

nk 


32 rials zz 

# 

1 

pistole of exch. 

zz 

0 

14 

4 

el 

r* 

^ 36 rials zz 


1 

pistole; 

= 

0 









SOUTHERN 
















154 - 


MONEYS OF EUROPE, 


SOUTHERN PARTS OF EUROPE. 


SPAIN AND CATALONIA. 


Ofl 

to <y 

S . 

j|j§ 

S .jf 
r2 a 
o 


&o 

rt . 

rt « 

co c3 
«e $ 

G *3 

O 5 
o o 

ai > 

PQ 


*1 maravedie z: 

2 maravedies zz 

1 

ochavo zz 

0 

0 

0 

0 

o*y* 

OiVs 

4 maravedies zz 

1 

quaFtil zz 

0 

0 

Oil 

34 maravedies zz 

* 1 

rial velon zz 

0 

0 

2} 

J 5 rials zz 

* 1 

piastre of exch. zz 

0 

3 



512 maravedies: 
60 rials : 

2048 maravedies: 
70 rials : 


I 4 

<u <2 

CO „ 

o ^ 
o 

cTO 


rt O 
CO 

- s • 
p u .2 


>U^2 I 

2 .S' Sfl 
30 I 

l H .b 
!l I 

x, -a L 


a. v/ 

1 pistole of exch. 
1 pistole of exch. 
1 pistole 


= 03 

— 0 14 

zz 0 14 
zz 0 16 


1 maravedie 

zz 



- 

zz 

0 

0 

o T Vt 

16 maravedies zz 


1 

soldo 

zz 

0 

0 

H 

2 soldos 

zz 


1 

rial, old plate 

zz 

0 

0 

H 

16 soldos 

zz 

# 

} 

dollar 

zz 

0 

4 

6 

20 soldos 

zz 

# 

1 

libra 

zz 

0 

5 

7f 

21 soldos 

ZZZ 

* 

1 

ducat 

zz 

0 

5 

10} 

22 soldos 

zz 

* 

1 

ducat 

**j?* 

0 

6 

2* 

24 soldos 

zz 

* 

1 

ducat 

zz 

0 

6 

9 

60 soldos 

zz 


1 

pistole 

= 

0 

id 

10 



ITALY. 





1 denari 

— 




zz 

0 

0 

OAh 

12 denari 

zz 


1 

soldi 

zz 

0 

0 

0-f^f 

4 soldi 

zz 


1 

chevalet 

zz 

0 

0 

Uf 

20 soldi 

zz 


1 

lire 

zz 

0 

0 

H 

30 soldi 

zz 


1 

festoon 

zz 

0 

1 

o* 

5 lires 

zz 


1 

croisade 

zz 

0 

3 

7 

115 soldi 

zz 

* 

1 

pezzo of exch. 

zz 

0 

4 

2 

6 testoons 

zz 


1 

genouine 

zz 

0 

6 

2f 

20 lires 

= 


1 pistole 

= 

0 

14 

4 

1 denari 

zz 




= 

0 

0 

°tV 

3 denari 

zz 


1 

quatrini 

zz 

0 

0 

o.V 

12 denari 

zz 


1 

soldi 

zz 

0 

0 

Of 

12 soldi 

zz 

* 

1 

florin 

zz 

0 

0 

9 

20 soldi 

zz 

• 

1 

lire 

zz 

0 

1 

3 

6 florins 

zz 


1 

scudi 

zz 

0 

4 

6 

7 .florins 

zz 


I 

ducatoon 

zz 

0 

5 

3 

13 lires 

zz 


1 

pistole 

zz 

0 

16 

3 

16 lires 



1 

louis d’or 

— 

1 

0 

0 


1 

t-4 



1 denari 

zz - 


zz 

0 

0 

0 /* 

£-*-6 



3 denari 

— 1 

quatrini 

zz 

0 

0 

o& 

«<3 



12 denari 

zz 1 

soldi 

zz 

0 

0 

oil 

G „ 
O rt 



20 soldi 

zz * 1 

lire 

ZZ 

0 

0 

8 if 

'-a -r* 

i© > 

- 


115 soldi 

nn 1 

scudi current 


0 

4 

?r 

te-t 03 

£- 



117 soldi, 

- * 1 

scudi of exch. 


0 

4 

3 




6 lires 

zz 1 

Philip 

zz 

0 

4 

4| 

M 6 



22 lires 

zz 1 

pistole 

zz 

0 

16 

Q! 

§ 


- 

23 lires 

zz l Spanish pistole 

F 

0 

16 

9 








SOUTHERN 














Bologna, IRavenna, -Sicily and Malta, Pa- Naples, Gaieta, Ca- kome, CivitaVecchia, Leghorn, Florence, 
&:c. lermo, Messina, &c. pua, &c. Ancona, &c. &c. 


MONEYS OF EUROPE. 


155 


SOUTHERN PARTS OF EUROPE, 


1 denari — 

4 denari zz 

l quatrini z: 

0 

0 

0 

0 

O3V 

12 denari zz 

1 soldi zz 

0 

0 

04 

5 quatrini zz 

1 craca zz 

0 

0 

off 

* 8 cracas zi 

1 quilo zz 

0 

0 


1 20 soldi zz 

* 1 lire zz 

0 

0 

8f 

{ 6 lires zz 

1 piastre of exch. zz 

0 

4 

2 

j 74lires 

1 ducat zz 

0 

5 

2£ 

L 22 lires zz 

1 pistole zz 

0 

15 

6 


1 quatrini 
5 quatrini 
8 bayocs 
10 bayocs 

24 bayocs 
10 Julio? 

12 Julios 
18 Julios 
SI Julios 

1 quatrini 
3 quatrini 
10 grains 
40 quatrini 
20 grains 
40 grains 
100 grains 
23 tarins 

25 tarins 


1 bayoc 
l Julio 

1 stamped Jqlio 
1 testoon 
1 crown current 
* 1 crown stamped 
1 chequin 
1 pistole 


1 grain 
1 carlin 
1 Paulo 
1 tarin 
1 testoon 
1 ducat of exch, 
1 pistole 
1 Spanish pistole 


O 0 i 
0 6 
0 71 


= 0 15 


0 15 
0 16 


0 0 T \ 
O Of 
0 4 

O 5f 
O 8 
1 4 

3 4 

4 
9 


1 pichili 

zz 

—-- ~ 

0 

0 

OA 

6 pichili 

zz 

1 grain zz 

0 

0 

■0 X \ 

8 pichili 

zz 

1 ponti zz 

0 

0 

o-A 

10 grains 

Z= 

1 carlin zz 

0 

0 

hh 

2Q grains 

zz 

1 tarin zz 

0 

G 

s A 

6 tarins 

—• 

1 florin of exch, zz: 

0 

1 


13 tarins 

ZZ 

* 1 ducat of exch, zz 

0 

3 

4 ' 

60 carlins 

zz 

| ounce zz 

0 

7 

8 A 

2 ounces 

= 

1 pistole zz 

0 

15 


1 quatrini 

zz 

zz 

0 

0 

OA 

6 quatrini 

zz 

1 bayoc zz 

0 

0 

Of 

10 bayocs 

zz 

1 Julio zz 

0 

0 

6 

20 bayocs 

zz 

* 1 lire zz 

0 

1 

0 

< 3 Julios 

zz 

1 testoon zz 

0 

1 

6 

85 bayocs 

zz 

1 scudi of exch. zz 

0 

4 

3 

100 bayocs 

zz 

1 crown zz 

0 

5 

0 

105 bayocs 

•ZZ 

1 ducatoon zz 

0 

5 

3 

31 Julios 

zz 

1 pistole zz 

0 

15 

6 


SOUTHERN 















Gussurat, Surat, Cam- Ispahan, Ormus,Gom- Medina, Mecca, Mo- Mcrea, Candia, Cy- Venice, Bergamo, 
bay, &c. brun, &C, cha, &c. prus, &c. &c. 


156 


< 




r 

i 

I 

i 

i 

r 


MONEYS OF EUROPE, &c. 
SOUTHERN PARTS OF EUROPE. 


ITALY. 


1 picoli 

— 



zz 

0 

0 

<V* 

12 picoli 

zz 


1 soldi 

zz 

0 

0 

Of 

6£ soldi 

zz 

* 

I gros 

•—• 

0 

0 


IS soldi 

zz 


1 juie 

zz 

0 

0 

6 

20 soldi 

ZZZ 

* 

1 lire 

zz 

0 

0 

6! 

3 jules 



I testoon 

zz 

0 

1 

6 

124 soldi 



1 ducat current 

zz 

0 

3 


24 gross 

zz 

*■ 

1 ducat of exch. 

zz 

0 

4 

4 

17 lires 

= 


1 chequin 

zz 

0 

9 

2 



TURKEY. 





I mangar 

rz 



zz 

0 

0 

o* 

4 man gars 

— 

* 

1 asper 

zz 

0 

0 

Of 

3 aspers 

zz 


1 parac 

zzz 

0 

0 

If 

5 aspers 

zz 


1 bestic 

zz 

0 

0 

' 3 

10 aspers 

rz 


1 ostic 

ZZ 

0 

0 

6 

20 aspers . 

ZZ 


1 solota 

zz 

0 

1 

0 

80 aspers 

~~ 

* 

1 piastre 

zz 

0 

4 

0 

100 aspers 

zz 


1 caragroucb 

— 

0 

5 

0 

10 solotas 

zz 


I xeriff 

= 

0 

10 

0 



ASIA. 







ARABIA. 





1 carret 

zz 



irz 

0 

0 

Of- 

5| carrets 

zz 


1 caveer 

zz 

0 

0 

o*y 5 

7 carrets 

zz 


1 comashee 

zz 

0 

0 

0^, 

80 carrets 

zz 


1 larin 

7~~~ 

0 

0 

10i 

IS comashes 

zz 


1 abyss 


0 

1 

44 

60 comashes 

zz 

* 

1 piastre 

zz 

0 

4 

> 

6 

80 caveers 

zz 


1 dollar 

zz 

0 

4 

6 

100 comashes 

zz 


1 sequin 

zz 

0 

7 

6 

80 larins 

= 

* 

1 iomond 

== 

3 

7 

6 



PERSIA. 





1 coz 

zz 



zz 

0 

0 

of 

4 coz 

zz 


1 bisti 

zz 

0 

0 

If 

10 coz 

zz 


1 shahee 

zz 

0 

0 

4 

20 coz 

zz 


1 mamoodt* 

s 

0 

0 

8 

25 coz 

zz 


1 larin 

zz 

0 

0 

10 

24 shahees 

zz 


1 abashee 

zz 

0 

1 

4 

5 abash ees 

• 


1 or 

— 

0 

6 

8 

12 abashees 



1 bovello 

== 

0 

16 

0 

50 abashees 

zz 

* 

1 tomond 

zz 

3 

6 

8 



MOGUL. 





1 pecka 

zz 



z: 

0 

0 

Of! 

2 peckas 

zz 


1 pice 

zz 

0 

0 

oil 

4 pices 

— 


1 fan am 

zz 

0 

0 

H 

5 pices 

zz 


1 viz 

zz 

0 

0 

n it 
-3 X 

16 pices 

zz 


1 ana 

zz 

0 

0 

71 
* z 

4 anas 

zz 


1 rupee 

zz 

0 

2 

6 

2 rupees 

zz 


1 English crown 

zz 

0 

5 

0 

14 anas 

zz 


1 pagoda 

~~~ 

0 

8 

9 

4 pagodas 

=3 


J gold rupee 

zz 

} 

15 

0 








ASIA. 













MONEYS OF ASIA. 


W 


«af. 

II 

ctf 

s 


£ 5 

8 * 

•tf 1 
3 

OJ 


« 


‘ *1 budgrook 
2 buclgrooks 
5 rez 
16 pices 
20 pices 
240 rez 
4 quarters 
J 4 quarters 
60 quarters 

*1 re 
2 rez 

2 bazaracos 
20 rez 

4 vintins 

3 larees 
42 vintins 

4 tangas 
8 tangrus 


ASIA. 

MOGUL. 




1 re 
1 pice 
I laree 
1 quarter 
I xeraphim 
I rupee 
1 pagoda 
1 gold rupee 


1 bazaraco 
1 pecka 
] vintin 
] laree 
I xeraphim 
1 tangu 
paru 


0 0 Off, 

0 0 

0 0 0f& 

0 0 

0 0 6 $ 

O 1 4| 

0 2 3 

0 8 0 


zz 1 gold rupee — 


zz 1 15 0 


0 0 0 ? v* 
0 0 0 a %- 
0 0 OrVa 
o o H 7 S 

0 0 5| 

0 4 4*i 

0 4 0 
0 18 0 
1 15 0 




O 0) 
-o J3 

c .a 

rt -T-; 

£ a 
o o 

o 


<2.. 

P 


TO 

CJ ^ 
c: 

<i> 

pa 


a s* 

* « 

o 

g 2 

cc 2 © 
S 3 ^ 

g 

= .2 W 

> o 

P* 


I 

cash 

zz 


ZZ 

0 

0 

Q& 

5 

cash 

zz 

1 viz 

zz 

0 

0 

O t 3 5 

2 

viz 

r~ 

1 pice 

zz 

0 

0 


6 

pices 

= 

1 pical 

zz 

0 

0 

21 

< 8 

pices 

zz 

1 fanam 

zz 

0 

0 

3 

10 

fanams 

zz 

1 rupee 

zz 

0 

2 

6 

2 

rupees 

zz 

1 English crown 

zr 

0 

5 

0 

35 

fanams 

zz 

1 pagoda 

zz 

0 

8 

9 

L 4 

pagodas 

■ = 

1 gold rupee 

zz 

1 

15 

O 

f 1 

pice 

zz 


ZZ 

0 

0 

°A 

4 

pices 

— 

1 fanam 

zz 

0 

0 

oi 

6 

pices 

= 

1 viz 

zz 

0 

0 

m 

12 

pices 

•— 

1 ana 

zz 

0 

0 V 

H 

4 ic 

anas 

•— 

1 fiano 

zz 

0 

1 

H 

16 

anas 

zz 

1 rupee 

zz 

0 

2 

6 

2 

rupees 

— 

1 French ecu 

zz 

0 

5 

0 

2 

rupees 


1 English crown 

zz 

0 

5 

0 

. 56 

anas 

= 

1 pagoda 

zz 

0 

8 

9 




SIAM. 





“ 1 

cori 

zz 


zz 

0 

0 

Q 5 V 0 

10 

cori 

ZZ 

1 fettee 


0 

\0 

0-sV 

125 

fettees 

—r 

1 salteleer 

zz 

0 

0 

M L 

4 Z 

250 

fettees 

zz 

1 sooco 


0 

1 

3 

^ 500 

fettees 

— 

1 tutal 

***** 

0 

2 

6 

90Q 

fettees 

~~~ 

1 dollar 

zz 

0 

4 

6 

2 

ticals 

zz 

1 rial 

zz 

0 

5 

0 

4 

sooeos 

— 

1 ecu 

zz 

0 

5 

■0 

l 8 

salteieers 

zz 

J crown 

. zz 

Q 

5 

0 


ASIA. 

















15 $ 


MONEYS OF* ASIA, &c 0 
ASIA. 


CHINA* 


o 


I Caxa 

— 


zz 

0 

0 

o/i 



10 caxa 

—- 

1 candareen 

zz 

0 

0 

Of 

c 


10 candareens 


1 mace 

zz 

6 

0 

s 

-2 

Si 


37fcandareens 

-? 

1 rupee 

zz 

0 

2 

6 

a 

*1 


70 candareens 

zz 

1 rix-dollar 

zz 

0 

4 

H 

•% 


* 7 maces 

zz 

1 ecu 

zp 

0 

5 

0 



2 rupees 

zz 

I crown 

= 

o 

5 

0 

o 

P-< 


„ *10 maces 

= 

* 1 tale 

= 

0 

6 

8 





Japan. 





o 


I piti 

zz 


r z 

0 

0 

0| 

& 


20 pitis 

zz 

1 mace 

zz: 

0 

0 

4 

o 

o 

o 


15 maces 

zz 

l ounce of silver 

zz 

0 

4 

lOf 


20 maces 

zz 

1 tale 

zz: 

0 

6 

8 

o 

s 

i 

30 maces 

zz 

1 ingot 

zz 

0 

9 

8f 


13 ounces silvern 

1 ounce of gold 

zz 

3 

3 

0 

o 

T3 


2 ounces gold 

zz 

1 Japanese 

zz 

6 

6 

0 

TJ 

a 


2 Japaneses 

= 

1 double 

zz 

12 

12 

0 

»—* 


21 ounces gold 

= 

* I cattee 


63 

3 

0 


AFRICA. 

EGYPT. 


O 0> 
ctf >> 

OcS 

& «' 

<3> 

*5 

TJ c3 
G X . 
ts _0J o 

-a <s 


* 1 asper 

3 aspers 
24 medins 
80 aspers 
30 medins 

* 96 aspers 
36 medins 

200 aspers 
70 medins 


1 medin 
1 Italian ducat 

* 1 piastre 
I dollar 

1 ecu 
1 crown 
I sultan in 

* I pargo dollar 

BARBARY. 


0 10 
0 10 


of 


t 

1 asper 

zz 


zz 

0 

0 

of 

H j 

3 aspers 

zz 

1 medin 

zz 

0 

0 

1| 


10 aspers 

zz 

1 rial, old plate 

zz 

0 

0 


S of 

3 rials 

zz 

1 double 

— 

0 

1 

H 


4 doubles 

zz 

1 dollar 

ZZ 

0 

4 

6 


24 medins 

zz 

1 silver chequin 

zz 

0 

3 

4 


30 medins 

zz 

1 dollar 


0 

4 

6 

<U O 

’bio ^ 

180 aspers 

zz 

1 xequin 

zz 

0 

8 

10 


15 doubles 

zz 

1 pistole 

= 

0 

16 

9 



MOROCCO. 





cr? 

— u 

1 fluce 

zz 


ZZ 

0 

0 

o T *« 

cr.2 

24 fluces 

zz 

1 blanquil 

zz 

0 

0 

2 

3 

4 blanquils 

zz 

1 ounce 

zz 

0 

0 

8 

H j 

7 blanquils 

zz 

1 octavo 

zz 

0 

1 

2 

g N -<sH 

14 blanquils 

— 

1 quarto 

zz 

0 

2 

4 

2.« . 
r \ \Jl 4 r , 

2 quartos 

zz 

1 medio 

— 

0 

4 

8 

u ^ w 

* ■—« 

28 blanquils 

zz 

J dollar 


0 

4 

6 

o « 

C G CO 

54 blanquils 

— 

1 xequin 

== 

0 

9 

0 

cS 

^100 blanquils 


1 pistole 

zz 

0 

16 

9 


AMERICA. 
















MONEYS OF AMERICA. 


15-9 


AMERICA. 


WEST INDIES. 


O 

o 

I 

•si . 

W g 

*rt 


r*r halfpenny 
2 halfpence 


7| pence 
12 pence 
pence 
shillings 
shillings 
shillings 
shillings 


* r 


cl 

Si 

bO 


.tS O 

£ •§ 
o c 

Q 


CO 


,<20 


*1 half sol 
2 half sol 
71 half sols 
15 sols 
sols 
livres 
livres 
livres 
shillings 


7 

( 8 

j 26 

1.32 


1 penny 
1 bitt 
1 shilling 
1 dollar 
1 crown 
1 pound 
1 pistole 
1 guinea 


sol 

half scalin 


rr 1 scalin 


= * 1 


livre 
1 dollar 
1 ecu 
1 pistole 
1 Louis d'or 


CONTINENT. 


rt 

c 

w 0 
© 

£5 .52 • 

..a 

.5 hjO 

8 > 

CO 

RJ 

> 

il 


0 
0 

o H 

0 8H 


Of 2 /* 

OH 


0 14. 
0 16 

1 1 


o oiu 


o 

0 0 
0 0 2‘A 


f)lJ7 


V* 


0 0 
0 O 
0 4 

0 4 lOf 

O 16 9 
1 O 0 


‘*1 penny. 

' d 

”* 1 denier 

12 pence = * 1 shilling. 

06 

12 deniers * 1 sol. 

20 shillings zz * 1 pound. 

rt 

20 sols :=: * l livre.. 

2 pounds. 

§ 

2 livres. 

3 pounds. 


3 livres. 

4 pounds. 

o 

4 livres. 

5 pounds. 

4 * 

5 livres. 

6 pounds. 

‘Z 

6 livres. 

7 pounds. 

| o 

7 livres. 

8 pounds. 


8 livres. 

9 pounds. 

cT 

-a 

9 livres. 

10 pounds. 

© 

10 livres. 

For 1 pound sterling. 

nl 

o 

„ For 1 livre Tournois. 


gjp The value of the currency in America alters according to the plenty 
or scarcity of gold and silver coins that are imported. 


Note. For all the Spanish, Portuguese , Dutch, and Danish, dominions, 
either on the continent or in the West Indies, see the moneys of the 
respective nations. 


THE 













( 160 ) 


THE NEW MONEYS OF FRANCE. 


T HE Franc mavbe considered as the unitv of the new French 
coins > it is nearly the same with the Livre Tournois,* and worth 
about ten pence English.—Francs and Livres were formerly similar; 
but, in a late coinage, the five-livre pieces, were, by accident, made too 
heavy, being worth 101 4 sols instead of 100; the new Franc has been 
therefore adopted in conformity vvith this value, and the Franc or new 
Livre is equal to 243 denicrs, being 11 per cent, better than the old 
Livre Tournois, ~ 240 deniers. 

By a decree, which passed the French legislative body on the 30th of 
March, 1803, for a new coinage, the silver pieces were appointed to be 
quarter-francs, half-francs, three-quarter Irancs, two-franc pieces, and 
five-franc pieces. The gold coinage to be of twenty and forty franc 
pieces. The copper pieces to be those of two-hundredths, three hun¬ 
dredths, and five hundredths, of a franc. The coins to bear on one side 
the head of the first Consul, with his name; and on the other side the 
value, with the words Republiqiie Franfoi.se, &c. The gold and silver 
coins are of nine-tenths pure and one-tenth alloy. 

gold COINS. 


English Value. 


Forty Francs - - 

£ 1 

13 

9 

Twenty Francs 


0 

16 

10* 

SILVER. 





Five Francs 


0 

4 

2 

Two Francs 


0 

1 

8 | 

One Franc 


0 

0 

10* 

4 of a Franc 


0 

0 

7 yz 

4 of a Franc 


0 

0 

5^ 

4 of a Franc 


0 

0 

OL1 

"3a 

COPPER. 




i 

Two decimes 1 -5th of a Franc 

- 

0 

0 

2 ft. 

A decime 1-1 Oth of a Franc 


0 

0 

I. ft. 

A Sol, or five Centimes 


0 

0 

o s V 

Three Centimes 


0 

0 

0**3 

'“'jj GC> 

T wo Centimes, 1 -5 th of a Decime 
and l-50th of a Franc 

} 

0 

0 


A Centime, 1 -10th of a Decime and ? 
1-lQOthof a Franc j 

0 

0 

OJL* 

U 8QO 


A 

* The word Tournois is used by the French as wc use the word Sterling. 


A 


TABLE 

OF THE 

AGREEMENT 

which the 

WEIGHTS 

of rut 


PRINCIPAL PLACES 

IN 

EUROPE 


HAVE WITH EACH OTHER. 


jtfote. As the weights of Amsterdam with the old weights of Paris, 
Bourdeaux, Strasbourg, Besan$on, and several other places, have 
but the minutest difference, they are all comprehended under the 
head of Amsterdam, as those of Nuremburgh are under Frankfort, 
and others in the same manner, 

By means of this Table, the agreement which the weights of one place 
have with those of another may be easily discovered. For example: 
Suppose it is wanted to be known how many pounds 100 English 
make at Amsterdam, look for England in the first column, and thence 
along the line to the column under Amsterdam, and it will there be 
found, that 91 lb. 8 oz. Dutch, correspond with 100 lb.' English j and 
so with any other weight sought for, and vice versa. The above 
calculations are in pounds of 16 ounces each. For the new French 
Weights and Measures see hereafter. 


162 


WEIGHTS OF EUROPE, 


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( _ . _ ’ J 

"England, &c. — —*"| 

Amsterdam, Paris, &c. — 
Antwerp — — — 

Rouen — — — 

Lyons — — — 

Rochelle — —- — 

Toulouse, &c. —-- 

Marseilles — — 

Geneva — — • — 

Hamburgh — — B 

Frankfort, &c. — — H 

Leipsic, &c. — — Vir^ 

r> <D 

Genoa — — — 0 

Leghorn —- .— — a 

Milan — — — 

Venice — — — 

Naples — V— ■ — ' 

! Seville, Cadiz, &c. — 

Portugal — — — 

Liege — — — 

Russia, or Muscovy — 

Sweden — — — 

Denmark — — — J 

— 

jo jqgpM *sq| OpI 






































WEIGHTS OF EUROPE. 163 


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Antwerp — — — 

Rouen — — 

Lyons — — -— 

Rochelle — — 

Toulouse, &c. — 

Marseilles _ _ 

Geneva — — 

Hamburgh — — 

Frankfort, &c. — 

[ Lcijasic, &c. — — 

Genoa — •—. .— 

Leghorn — — — 

Milan — — — 

Venice — — — 

Naples — — — 

Seville, Cadiz, &c. — 

Portugal — — — 

Liege — — — 

Russia, or Muscovy — 

Sweden — — — 

^Denmark — — —_ 

- Q Y 


M3 





































164 


LONG MEASURES OF EUROPE. 


A TABLE 

REPRESENTING THE 

CONFORMITY which the LONG MEASURES of the PRINCIPAL 
TRADING CITIES of EUROPE have with each other. 

The Ells of Amsterdam; Haerlem, Leyden, the Hague, Rotterdam, and other Cities of 
Holland, as well as the Ell of Nuremburg, are equal ^mong themselves, and are com¬ 
prehended under the EU of Amsterdam, as that uf Osnaburgh is under that of France 
and England, and the Ell of Bern and Basil under that of Hamburgh, Frankfort, and 
Leipsic. 


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■aV, J?. By 


















































LONG-MEASURES OF EUROPE 


165 


MBy means of th:s Table, the reader may please to obferve, that ICO ells of Pari# 
and o t England make 173^ of Holland } and in like manner he will find how the mea- 
iares of other places in the Table correspond with each other. By the common rule of 
three, or proportion, he will easily make his computations for any quantity required® 


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CHAP' 


















































163 MISCELLANEOUS ARTICLES. 

CHAP. XI. 

TABLE of the Agreement which the Corn-Measures, in the principal 
Places of Europe, hate with those of England and Amsterdam. 

10} quarters English, or 82 Winchester bushels, (ora last at Amsterdam,) 
, make, at 


Aiguillon, 41 sacks 
Albi, 25 setiers 
Alicant, 12 cahizes 
Alkmaar, 36 sacks 
Amersfort, 16 muddes 
Amsterdam, 1 last 
Antwerp, 32| veertels 
Arles, 49 setiers 
Bayonne, 36 sacks 
Beaucake, 28 setieFS 
Beaumont, 38 sacks 
Bergen-op-Zoom, 63 sisters 
Bois-Ie Due, 20| mouwers 
Bommel, 18 muddes 
Bourdeaux, 38 boisseaux 
Breda, 33 \ veertels 
Bruges, 171 hoedts 
Brussels, 25 sacks 
Bueren, 21 muddes 
Cadillac, 33| sacks 
Cadiz, 52 hanegas 
Cahors, 100 cartes 
Campen, 24| muddes 
Carcassone, 35 setiers 
Clairac, 34 \ sacks 
Cleves, 16| mouwers 
Condom, 41 sacks 
Copenhagen, 42 tuns 
Dantzic, 1 last 
Delf, 29 sacks 
Deventer, 36 muddes 
Doesbourg, 22 mouwers 
Dort, or Dordrecht, 24 sacks 
Dunkirk, 18 razieres 
Edam, 27 muddes 
Llbing, 1 last 
Embden, 15f tuns 
Erfelsteyn, 21 muddes 
Frankfort, 27 malders 
Ghent, 56 halsters 
Genoa, 25 mines 
Gimond, 20 sacks 
Gravelines, 22 razieres 
Haarlem, 38 sacks 
Hamburgh, J of a last 


Heusden, 17f muddes \ 

Hoorne, or Horne, 44 sacks 
Ireland, 38 bushels 
Koningsberg, 1 last 
La Brille, 40 sacks 
La Reole, 30 sacks 
Lavaur, 21 setiers 
Leyden, 44 sacks 
Libourne, 35 sacks 
Liege, 96 setiers 
Lisle, in Flanders, 38 razieres 
Lisbon, 216 alquiers 
Leghorn, 40 sacks 
Louvain, 27 muddes 
Lubec, 95 schepels 
Middlebourg, 41 \ sacks 
Montfort, 21 muddes 
Muyden, 44 sacks 
Naerden, 44 sacks 
Nerac, 331- sacks 
Nieuport, 17| razieres 
Oudewater, 21 muddes 
Paris, 19 setiers 
Porto Port, 180 alquieri 
Purmerent, 27 muddes 
Rabastens, 17 setiers 
Rhenen, 20 muddes. 
Ruremond, 68 schepels 
Riga, 46 loopens 
Rotterdam, 29 sacks 
St Gilles, 40 charges 
St Omer, 22£ razieres 
St Valery, 19 setiers 
Saumer, 19 setiers 
Steenbergen, 25 veertels 
Stockholm, 23 tuns 
Terveer, 39 sacks 
Thiel, 21 muddes 
Toulouse, 26 setiers 
Tongres, 15 muddes 
Tonningen, 24 tuns 
Venloo, 21£ mouwers 
Vianen, 20 muddes 
Utrecht, 25 muddes 
Zirick Zee, 40 sacks 



NEW 





( 167 ) 


NEW FRENCH WEIGHTS and MEASURES. 


I N France, as in England, a variety of weights and measures, as is 
evident from the foregoing Tables, prevailed in the different pro¬ 
vinces, to the great inconvenience of general trade: to obviate this, 
the French government have settled a weight and measure taken from 
nature, regulating each other and themselves. For this purpose they 
have chosen the distance from the equator to the pole, the quadrant or 
fourth part of the circle of the meridian, (or rather of the polar circum¬ 
ference of the Earth,) and dividing this estimated space into ten millions 
of parts, each of which is termed a Metre. This space has been ascer¬ 
tained by the determinations of different degrees of the meridian, which 
have been made at various times by men of the first class in science and 
talent; including particularly the accurate admeasurements made be¬ 
tween the Mediterranean and the North Sea, viz. from Barcelona to 
Dunkirk, which were completed in 1799. The result is, that the Metre 
is fixed at 36 French inches, and 11.296 lines, equal to 39 English inches 
and .371 decimal parts. Hence, 


1. Measures of Length, with their corresponding values 
in English Measures. 

English Inches. 

Millimetre, 1000th part of the Metre - - - - .03937 

Centimetre, 100th of the Metre ------ .39371 ^ 

Decimetre, 1-10th of a Metre ------ 3.93710 c* ,• * 

Metre : The principal unity of the ? _ __ ^ "H <c 

French Measure - - - - J 39-37 jg £ g « 

Decametre ~ 10 Metres, - - - - - 393.71000= o o 10 2 9.7 

Hecatonietre — 100 Metres - - - - 3937.10000= o o 109 I 1 

t'hiliometre = 1000 Metres (fare nearly $7 T .00000 = o 4 213 1 10 .z 

Myriometre = 10000 Metres - - - 393710.00000= 6 1 156 o 6 

Grade,or decimal degree of the Meridian 1 

(100000 metres, or 1-1 ooth of the > 3937100.00000=62 1 23 2 S 

Quadrant) j 

2. Measures of Capacity. 

The Litre is the unity for dry and liquid measures; it is equal in its 
contents to a cubic decimetre, or the cube of a tenth part of the Metre. 
The Litre in liquids is used instead of the pinte, of which it is one and 
One-twentieth part; and in dry measure it supersedes the litron , of which 
it makes a quarter. Hence, 

Cubit Inches English, 

A Millilitre - - - i-ioooth of a litre - .06103 

Centilitre - i-iooth of a litre - .61028 

Decilitre -. - - - i-ioth of a litre 6.10280 

Litre, a cubit Decimetre 6.102800:1: nearly 2§ wine pints. 

Decalitre - - - - 10 litres - 610.28000 I4=nearly 3 wine-pts. 

Hecatolitre - - - - 100 litres - 6102.80000 

Chiliolitre or Kilolitre . 1000 litres - 6io28.ooooo=oneyup iz.yyvinc-gals 
Myriulitre, - - 10000 litres - 610280.00000 

M4- 3. Weights. 


O 

J 











168 


NEW FRENCH WEIGHTS AND MEASURES. 

3. Weights. 

A Gramme is the unity of gravity; it is the exact weight of a columx 
of pure water, equal to a cubic centimetre, or the cube of the l-100tii 
part of the metre, when the water is at its greatest density, or of the 
temperature of thawing ice. It has been found equal to 18.827 French 
grains, of which 576 make 472.5 English, and 489.3058 grammes make 
a pound of the standard of the mint at Paris. 


Milligramme i-ioooth af a gramme -0154 

Centigramme i-iooth of a gramme - - *1544 
Decigramme i-ioth of a gramme - - *-5444 
Gramme - A cubic centimetre - - 15.4440 

Decagramme 10 grammes - - - 154.4402=6 dwts 10.44 gr. troy, or 5.65; 

dr. avoird. 

Hecatrgramme loogiammes - - - 1544.4023=3 oz 8.5 dr. avoird. 

Chiliogramme 1000 grammes - - 15444.02341^2 lbs. 3 oz. 5 dr. avoird 

Myriogramme 10.000 grammes - 154440.2344=22^. 1.15 oz. avoird. 

100 Myriogrammes= 1 ton, wanting 32.8 lbs. 


4. Agrarian or Land Measures, &cr. 

The arc, or square decametre, is the unity of agrarian or land mea¬ 
sures. It is equal to 3-95 perches. The declare is 1-10th part of the 
are: the centiare, 1-100th part, and is equal to a square metre. The 
hecatare is equal to 100 ares, or 2 acres, 1 rood, 35.4 perches. The 
myriare is equal to 10.000 ares. 


For Fire-Wood, &c. 

The stere is the unity of measure for fire-wood, &c. It is a cubic 
metre, equal to 35.3171 cubic feet English. The decistere is l-10th 
©f the stere, and equal to 3.5317 feet English. 


OF USEFUL THINGS. 


A ream of paper is 20 quires. 

A quire of paper, 24 sheets. 

A bale of paper, 10 reams. 

A roll of parchment or vellum, 5 
dozen, or 60, skins. 

1 dicker of hides, 10 skins. 

1 dicker of gloves, 10 dozen pair. 

A last of hides, 20 dickers. 

A load of timber, unhewed, 40 feet. 

A load of squared timber, 50 feet. 

A load of one-inch plank,600 square 
feet. 

A load of 1 \ inch plank, 400 square 
feet. 

A load of 2-inch plank, 300 square 
feet. 

A load of 21-inch plank,240 square 
feet. 

A load of 3-inch plank, 200 square 
feet. 

A load of 3-}-inch plank, 170 square 
feet. 


A load of 4-inch plank, 150 square 
feet. 

A hundred deals, 120. 

A chaldron of coals, 36 bushels. 

A hogshead of wine, 63 gallons. 

Ditto of beer, 54 gallons. 

A barrel of beer, 34 gallons: but, 
within the bills of mortality, 36 
gallons. 

A barrel of ale, 32 gallons. 

A weigh of cheese, 236 lb. 

Pence in a pound, 240. 

Farthings, 960. 

8 gallons, a bushel of corn. 

8 bushels of corn, a quarter. 

A last of corn or rape-seed, 10 quar¬ 
ters, or 80 bushels. 

A last of pot-ashes, cod-fish, white 
herrings, meal, pitch, and tar, 
12 barrels. 


A 








MISCELLAN EOUS ARTICLES. 


169 


A last of flax and feathers, 17 cwt.— 
of gunpowder, 24* barrels, or 
2400lb.—of wool, 4363 lb. 

An ell English is 45 inches. 

An ell Flemish, 27 inches. 

A tun of wine, 252 gallons. 

Oil of Greenland, ditto. 

A ton, in weight, is 20 cwt. of iron, 
&c. but, in lead, there are but 
19 cwt. and a half, called a 
fother, which is 2184 lb. 

A tod of wool is 28 lb. 

A pack of ditto, 364lb. 
yards, a pole. 

40 poles, in length, a furlong: 

S furlongs in length, a mile. 

1760 yards, a mile. 

144 square inches, a foot. 

9 square feet, a yard. 

40 square poles, a rood. 

4 square roods, an acre. 

4840 square yards, an acre. 

282 ditto, a beer or ale gallon. 

Barrels of sunc 

Anchovies, 30 lb. 

A double barrel, 60 lb. 

Nuts and apples, 3 bushels. 
Pot-ash or barilla, 200 lb. 

Oil, 31| gallons. 

Candles, 10 dozen pounds. 


1 lb. avoirdupois is equal to 7 OCX) 
grains of Troy. 

1 oz. avoirdupois is equal to 437£ 
grains Troy, 

5 lb. avoirdupois is equal to C lb, 
Troy, nearly. 

A firkin of butter, 56 lb. 

A pipe, or butt, is 120 gallons. 

A quintal, or kintal, 1 cwt. 

A load of bricks, 500; and plain 
tiles, 1000. 

A stone offish, 8 lb.; and, of wool. 
14 lb. The same for horseman's 
weight, hay, iron, shot, Ssc. • 

Ditto of glass, 5 lb.; and a seam c f 
ditto, 24 stone. 

A cade of red herrings, 500; and 
of sprats, 1000. 

640 square acres a mile. 

172 n 8 solid inches, a foot. 

27 solid feet, a yard. 

48 solid feet of timber, a ton. 

231 solid inches, a wine-gallon. 

y Commodities . 

Raisins, 1 cwt. 

Spanish tobacco^ 2 to 3 cwt. 

Gunpowder, 1 cwt. 

Soap, 2i/0 lb. 

Herrings, 32 gallons. 

Figs, 3 qrs. 14 lb. to 2f cwt. 


By Troy-weight, bread, corn, gold, silver, jewels, and liquors, are 
weighed; and, by avoirdupois-weight, every thing else. By dry-mea¬ 
sure, corn, salt, coals, lead, ore, oysters, muscles, and other dry goods, 
are measured. A firkin of soap or herrings is equal to a firkin of ale, 
two making a barrel. 


Table of Nswcastle-Coal Measure. 


gallons. 

CZL't. 

bolls. 






36 


1 

jcih. 





28$ 

in 

8 

1 , 

| zvag. 




684 

41 11 

19 

- rl i 

| 

1 

ckal. 

k$el. : 


864 

5 j 

24 

3 i 

1 ItV 

1 


6912 

424 

J 92 

24 

| 

S 

1 ! 

ten. 

15048 

923 t C 

418 

52| 

22 

17-.V 

9*7 1 

“ 9 0 1 

i 


CORDAGE- 

















170 MISCELLANEOUS ARTICLES. 

CORDAGE-TABLE; skewing how many Fathoms* Feet, and Inches, of 
a Hope of any Size , not exceeding Fourteen Inches, make a Hundred 
Weight; with the Use of the Table . 


Inches. 

T5 QJ 
a <u 

C/1 

O 

73 

G 

— i 

Inches. 

Fath. 

o 

O 

Pm 

Inches.] 

Inches. 

| Path. 
Feet. 

C/5 

o 

f 

Inches. 

1 Fath. 
Feet. 

v> 

<V 

o 

►—1 

I 

486 

0 

0 

4 4 

26 

5 

3 

74 

8 

4 

0 

if>4 

4 

1 

8 

n 

313 

3 

0 

4} 

24 

0 

0 

n 

8 

3 

6 

n 

4 

0 

3 

n 

216 

3 

0 

H 

21 

3 

0 

8 

7 

3 

6 

n-4 

3 

5 

7 

n 

159 

3 

0 

5 

19 

3 

0 

8f 

7 

0 

8 

m 

3 

4 

1 

2 

124 

3 

0 

51 

17 

4 

0 

84 

6 

4 

3 

114 

3 

3 

3 

h 

96 

2 

0 

54 

16 

1 

0 

84 

6 

2 

1 

; 12 

3 

2 

3 

21 

77 

3 

0 

5f 

14 

4 

6 

9 

6 

0 

0 

124 

3 

2 

1 

2* 

65 

4 

0 

6 

13 

3 

0 

9i 

5 

4 

0 

1 124 

o 

2 

0 

3 

54 

0 

0 

6f 

12 

2 

0 

n 

5 

2 

0 

; i24 

: 2 

7 

8 

H 

45 

5 

2 

6* 

11 

3 

0 

94 

5 

0 

6 

13 

o 

5 

3 


39 

3 

0 

6| 

10 

4 

0 

10 

4 

5 

0 

134 

o 

4 

9 

n 

34 

3 

9 

7 

9 

5 

6 

104 

4 

4 

1 

1 134 

2 

4 

0 

4 

30 

1 

6 

7-| 

9 

l 

6 

104 

4 

2 

2 

! 134 

2 

3 

6 













14 

2 

2 

} 


At the top of the table, marked inches, fathoms, feet, inches, the 
first column is the thickness of a rope in inches and quarters; the other 
three, the fathoms„ feet, and inches, that make up a hundred weight of 
such a rope. One example will make it plain. 

Suppose it is required how much of a 7-inch rope will make a hun¬ 
dred weight? Find 7, in the third column, under inches, or thickness 
of the rope, and, against it, in the fourth column, you. will find 9 5 6; 
which shews that, in a rope of seven inches, there will be 9 fathoms, 5 
feet, 6 inches, required to make one hundred weight. 


The Weight of any Cable or Hope, of 120 Fathoms in Length, and for every 
half-inch, from 3 Inches to 24 in Circumference. 


tfj 

V 

JZ 

u 


V 

o 

1 £ 

C/1 

0) 

CJ 

% E 

<5 

% e 

C/1 

U 

-G 

U 



O O' 


O Q ? 


O Of 

* 

o 0^ 


6 of 

3 

2 

1 

7 

14 0 

12 

36 0 

164 

68 0 

21 

110 1 

34, 

3 

6 

8 

16 0 

124 

39 0 

17 

72 1 

214 

115 2 

4 

4 

0 

8-1 

18 0 

13 

42 1 

174 

76 2 

22 

121 0 

44 

5 

0 

9 

20 1 

134 

45 2 

18 

81 0 

221 

126 2 

5 

6 

l 

9. 

22 2 

14 

49 0 

184 

85 2 

23' 

132 1 

54 

7 

2 

10 

25 0 

1H 

52 2 

19 

90 1 

23-1 

138 0 

6 

9 

0 

10- 

27 2 

15 

56 1 

194 

95 0 

24 

144 0 

64 ! 

7 

10 

12 

l 

1 1 
IE 

30 1 
33 0 

15f 

16 

60 0 
64 0 

20 

20{- 

100 0 
105 0 




The 













































MISCELLANEOUS ARTICLES. 


171 


The use of the Table. —The first column, marked for inches, is the 
thickness or circumference of the cable to every f-i'nch, from 3 to 24. 
The second, marked cwt. qrs. for hundred weights and quarters that it 
will weigh, if 120 fathoms long. 

A% for instance, suppose it is a cable of 14 inches and a 4: look 
against 14|, and you will find in the other column 52 cwt. 2 qrs. which 
shews, that 120 fathoms of 144- inch cable will weigh 52 cwt. 2 qrs; and 
so in others. And any quantity of less length will weigh in proportion. 

Cables, of what thickness soever, arc generally formed of three ropes 
twisted together, which are then called strands; each of these are com¬ 
posed of three smaller strands, and those last of a certain number of 
rope-yarns: this number » therefore greater or smaller, in proportion 
to the size of the cable required. 

All cables ought to be 120 fathoms in length ; for which purpose, the 
threads or yarns must be 180 fathoms, inasmuch as they are diminished 
one-third in length by twisting. 

The number of threads also of which each cable i? composed being 
always proportioned to its length and thickness, the weight and value 
of it are determined by this number.—Thus a cable of 10 inches in 
eif*cuinference ought to consist of 485 threads, and weigh 1940 lbs. and 
on this foundation is calculated the following Table: 

A Table of the Number of Threads and Weight of Cables of different Cir¬ 
cumferences. 


Circum. 

No. of Threads. 

Weight in lbs. 

9 

- 393 

- 1527 

10 

- 4S5 

- 1940 

11 

- 593 

- 2392 

12 

- 699 

- 2796 

13 

-- 821 

- 3284 

14 

952 

- 3808 

15 

- 1093 

- 4372 

.16 

- 1244 

-- 4976 

17 

1404 

- 5616 

18 

1574 

- 6296 

19 

—— 1754 

—- ^ 7016 

20 

- 1943 

- " 7772 


Quantity of POWDER allozved on-board in the River Thames . 

By the Corporation of the Trinity-House. 

NOTICE is hereby given. That, by an act, passed in the twelfth 
year of his present Majesty's reign, entitled, “ An act to regulate the 
making, keeping, and carriage, of gunpowder, within Great Bri¬ 
tain/’ it is enacted, " for the better security of the great number of 
ships and vessels lying in the river Thames, and of the dock-yards, 
wharfs, and buildings, on the sides of the Thames above Bkckwall, 
That no master or commander of any ship or other vessel, lying in the 
Thames and outward,bound, shall receive, or permit to be received, 
on-board any such ship or vessel, more than twenty-five pounds of gun¬ 
powder, (except for the king’s service,) before the arrival of such ship 
or vessel at, over against, or below r , Blackwall; and that the master 
or commander of every ship or vessel, coming into the river Thames, 
shall (except in the case of gunpowder for the king’s service) put on 
shore in proper places, in conformity the restrictions of this act,fall 

the 


















172 


MISCELLANEOUS ARTICLES. 


the gunpowder, on-board such ship or vessel, above the quantity of 
twenty-five pounds either before the arrival of such ship or vessel at 
Bluckwail, or within twenty-four hours (if the weather shall permit) 
after coming to an anchor there, or to the place of unloading there ; 
and shall not afterwards have on-board more than twenty-five pounds 
of gunpowder, (except for the king’s service,) on pain of forfeiting* for 
every offence, in any of the said cases* ail the gunpowder found on¬ 
board above the weight of twenty-five pounds, and the barrels in which 
such gunpowder shall be, and also two shillings for every pound of 
gun powder above the quantity of twenty-five pounds. 

** And, for the better discovery of masters or commanders of inward 
or outward bound ships who shall have gunpowder in their ships Or 
vessels in the river Thames contrary to this act, the master, wardens, 
and assistants, of the Trinity-house of Deptford-Strond, in the county 
of Kent, a/e required, from time to time, to appoint one or more person 
or persons a searcher or searchers for unlawful quantities of gunpowder 
in ships or other vessels, in the river Thames, &c.” 

The corporation have thought proper to publish this notice, as a cau¬ 
tion to all persons having charge of ships or vessels in the River Thames, 
to the end that they may govern themselves accordingly. 

A UULE for ascertaining the Tonnage and Burthen of Ships and Vessels ini- 
porting and exporting Brandy, spirituous Liquors, and all other Goods what¬ 
soever, as settled by the 1 3th rf Geo. IIJ. Chap. 74. 

To find the tonnage and burthen of any ship or vessel, importing or 
exporting brandy, other spirituous liquors, or any other goods whatso¬ 
ever, into or from this kingdom, or hovering upon the coasts thereof; 
and where the owner or proprietor, or other person, shall be entitled to 
any bounty of allowance, according to the tonnage of any ship or vessel; 
and in all other cases whatsoever where the tonnage or burthen of any 
ship or vessel shall be necessary to be ascertained or known, by any 
act or acts of parliament, made or hereafter to be made, concerning 
flie customs, excise, or salt-duty; the rule for admeasuring such ships or 
vessels shall be as follows; that is to say. 

The length shall be taken on a straight line along the rabbit of the keel 
of the ship, from the back of the main stern-post to a perpendicular line 
from the lore part of the main-stern under the bowsprit; from which 
subtracting three-fifths of the breadth, the remainder must be esteemed 
the just length of the keel to find the tonnage; and the breadth shall be 
taken from the outside of the outside plank, in the broadest place in the 
ship, be it either above or below the main whales, exclusive of all man¬ 
ner of doubling-planks that may be wrought upon the sides of the ship ; 
then, multiplying the lenglh of the keel by the breadth so taken, and 
that product by half the breadth, and dividing the whole by ninety-four, 
the quotient will be deemed the true contents of the tonnage. According 
to which rule" the tonnage of all such ships and vessels shall be mea¬ 
sured and ascertained, any thing in the said recited act of the sixth of 
George I. or any other act or acts of parliament, to the contrary net- 
withstanding. 

N.R. 'I bis rule is not to alter the measurement of coal-vessels. 
Shipwrights generally make use of the following rule: Multiply the 
length of the keel by the greatest breadth, and that product by half the 
breadth: thfen divide the last product by 94, and the quotient' will give 
the tonnage required, for merchant-ships; but, for men of war, the "last 
product must be divided by 100. 


It 


MISCELLANEOUS ARTICLES. 


Is is often necessary to find the tonnage of a ship when she is afloat, 
and, consequently, the length of her keel cannot be measured.' In such 
cases shipwrights make use of the following rule: — From the extreme 
length subtract three-fifths of the extreme breadth, the remainder is the 
length of the keel; then multiply the length of the keel by the extreme 
breadth, and that product by half the breadth ; which last divide by 94 
for merchant-ships, and by 100 for men of war: the quotient is the ton¬ 
nage, as before. 

Directions relative to Ships passing the several LIGHTS. 

SHIPS from foreign ports.— Care should be taken, upon arrival, to 
note when and where they make the land, in order to be certain what 
lights are passed; as also to give an account of the course of the voyage, 
both out and in. 

The duties due to the Eddystone, Portland, Caskets, Lizard, Sciliy, 
Milford, Dudgeon-Shoal, or Well, Foulness, Wjnterton Small, Ca-tor 
and Lowestoftj buoyage and beaconage, and St Nicolas Gatt, fights, 
are payable only once for each respective voyage out and in ; but a 
single passage subjects every master to the payment of the full duties 
before-mentioned. 

All ships are to be rated British and foreign, according to their full 
burthen, and the masters thereof to pay for every time they pass by the 
above lights, whether laden or empty. 

In order to obviate any doubt that may arise with respect to the cir¬ 
cumstance of a ship's stretching off from, or coming in with, the land, 
and to form an idea of the duties from ships passing eac;. light, accord¬ 
ing to the respective voyage, it is to be observed, that ships, bound to 
Hamburgh, Bremen, Embden, and Amsterdam, pay, to Harwich, 
Orford, and St Nicolas Gatt, lights, Trinity-dues. 

Rotterdam ships the same, except St Nicolas Gatt. 

Ships bound to Norway, Dantzic, Petersburg!!, and Gottenburgb, pay 
to Winterton and Orford, Harwich, Well, Foulness, and St Nicolas 
Gatt, lights. 

Ships bound to Hudson’s Bay pay to Spurn and Tinraouth lights. 

Ships bound to Greenland pay to Spurn and Tinmoutn lights. 

Ships bound to Ostend, Calais, Dunkirk, and Middleburgh, pay Fore¬ 
land light. 

Ships bound to Caen, Rouen, Dieppe, St Vallery, and all Normandy, 
pay Foreland and Dungeness lights. 

Havrede Grace the same. 

Ships bound to Guernsey, Jersey, and Alderney, pay Foreland, Dun- 
geness, and Caskef, lights. 

Ships bound to Dublin, Drogheda, Londonderry, Carlingford, Cole- 
rain, Belfast, Newry, and Larone, pay Milford and Skerries lights. 

Ships bound to Zealand pay Foreland light. 

Ships bound to Ostend and Dunkirk do not pay Ramsgate-harbour. 

A question arose, in the year 1790, how far British-built ships, the 
property of British subjects, are liable to the payment of the various 
lighthouse-duties in sailing from foreign port to foreign port, not haring 
So ached at any place in Great Britain. It was then determined, by the 
Court of King’s Bench, that sue!} ships nen not liable. — 3 Term Rep* 
7 fib. 


CHAR 


174- 


MASTERS OF SHIPS. 


CHAP. XII. 

Masters of Ships. 

TW TOTHING more materially concerns the master of a ship, than to 
know what degree of responsibility is attached to his situation, 
and what privileges it invests him with: and it is the design of this 
chapter to explain them. The master and owner are, however, so in¬ 
timately connected together, that many observations in the preceding 
chapter otowners will be found to be necessary knowledge for the 
master of a ship. The doctrine of marine insurances, too, he should be 
well acquainted with, in order that he may not, by his conduct, inad¬ 
vertently prejudice his owner’s claim on the underwriters. 

Masters of ships responsible for goods committed to their charge . -—The 
law makes no distinction between carriers bp land and carriers bp water; 
and, for whatever losses, that arise from the neglect of persons employ* 
cd under them, they are answerable: whatever cases, therefore, that 
are contained in this chapter, relative to carriers by land, must be un¬ 
derstood to be equally applicable to carriers by water, such as masters 
of ships or hoymen. 

The master of a ship is liable for goods of which the ship is robbed in the 
river. —The reasons are : 1. Because he is an officer known. 2. Be¬ 

cause he receives his salary out of that which is paid for the freight. 
But the master may reimburse,, himself out of the mariners wages for a 
loss happening by their neglect. 

Masters are charged to carry goods against all events but the acts of God 
and the king’s enemies. —The plaintiff put goods on-board the defendant’s 
hoy, who was a common carrier. Coming through bridge, by a sudden 
gust of wind, the hoy sunk, and the goods were spoiled. The plaintiff 
insisted that the defendant should be liable, it being his carelessness 
in going through at such a time; and offered some evidence, that, if 
the hoy had been in good order, it w'ouldixot have sunk with the stroke 
it received; and thence inferred, the defendant was answerable for all 
accidents, which would not have happened to the goods in case they 
. had been put in a better hoy. But the chief-justice held the defendant 
not answ'erable, the damage being occasioned by the act of God; for, 
though the defendant ought not to have ventured to shoot the bridge if 
the general bent of the weather had been tempestuous, yet this, being 
only a sudden gust of wind, has entirely differed the case: and no car¬ 
rier is obliged to have a new carriage for every journey; it is sufficient 
if he provides one w-hich (without any extraordinary accident, such as 
this was) will probably perform the journey. 

In the case of Forward against Pittard, the plaintiff had delivered 
goods to the defendant, who was a common carrier; and which gbods 
were afterwards destroyed by accident of fire. The question was, whe? 
tlier the defendant was answerable for them. 

Lord Mansfield said, “ It appears from all the cases, for 100 years 
back, that there are events for which the carrier is liable, independent 
pf his contract. By the nature of his contract, he is liable for all due 
care and diligence; and for any negligence, he is sueable on his contract. 
But there is a farther degree of responsibility, by the custom of the realm, 
that is, by the common law, a carrier is iir the nature of an insurer. It is 
laid down that he is liable for every accident, except by the act of God 
or the king’s enemies: now, what the act pf Gpdr I consider it tq 



MASTERS OF SHIPS. 


175 


mean something in opposition to the act of man; for, every thing is the 
act of God that happens by his permission; every thing by his know¬ 
ledge. But, to prevent litigation, collusion, and the necessity of goino- 
into circumstances impossible to be unravelled, the law presumes a»ainsJt 
the carrier, unless he shews it was done by the king’s enemies, or by 
such act as could not happen by the intervention of man, as storms, 
lightning, and tempests. 

“If an armed force come to rob the carrier of the goods, he is liable, 
and the reason is, for fear it may give room lor collusion, that the 
master may contrive to be robbed on purpose, and share the spoil. 

“ In this case, it does not appear but that the fire arose from the act 
of some man or other: it certainly did arise Horn some act of man ; for* 
it is expressly stated not to have happened by lightning. The carrier, 
therefore, is liable, inasmuch as he is liable for inevitable accident. 3 ’’—- 
Judgement for the plaintiff. 

An4 it has been said by Lord Kenyon, that there is a difference- where 
a man is chargeable by the general law, and where on his own contract. 
Thus, as to common carriers, who are chargeable, by operation of law, 
for all losses, (except those arising from the act of God or the king's 
enemies,) they cannot discharge themselves from this responsibility by 
an act or agreement of their own. But, where a man is chargeable on 
his own contract, he may qualify it as he thinks fit. Hyde r. Proprie¬ 
tors of the Trent-navigation. Trinity-term, 33 Geo. III.*. 

What acceptance makes a carrier liable. Per King, C. J.— te If a bos 
is delivered generally to a carrier, and he accepts it, he is answerable, 
though the party did not tell him there was money in it. But, if the 
carrier asks, and tne other says no,-or if he accepts it, conditionally, pro¬ 
vided there is no money in it; in either ot these eases, 1 hold, the carrier 
is not liable.” And so it was afterwards determined in the court of King’s 
Bench, in the case of Gibson v. Poynton and another. 

Goods lost in a tighter. — If goods are lost alter the owner of them has 
taken them from the ship into a lighter, it is his own loss; but it is other¬ 
wise' if the goods are sent from the ship by the ship’s boat, which is con¬ 
sidered as part of the ship and voyage. Yet, if the owner of any goods 
'send his servant with them, the carrier or lighterman is not liable if they 
be lost. 

Passengers dying on hoard. — If any passenger die on-board, the master 
is obliged to inventory his effects; and, it no claim be made to them 
yvithin a year, the master becomes proprietor of the goods, but answerable 
for them to fhe deceased’s legal representatives. Bedding and furniture 
become the master’s and his mate’s; but the clothing must be brought 
to the mast-head, and there appraised and distributed among the crew. 

Captain dying.- —If a captain die, leaving money on-board, and the 
mate, becoming captain, shall improve the moneysdie shall, on allowance 
for his care, account both for interest and profits. 

* Notwithstanding, however, this observation of Lord Kenyon, the merchants cf 
London have agreed upon a new form tor their bills or lading, by which they intend to 
discharge themselves from the responsibility hoc mentioned. The difference between 
the new and former bills ot lading consists m the introduction of an exception, which 
runs in the-e words: * ( The act of Gut, the king's enemies, fire, and all and eveiy oilur 
‘‘ dangers and accidents of the scus, rivers, and navigation, oj whatever nature or ki-ul 
“ soever, save risk of boats, so far as ships are liable thereto , excepted See the bill of 
ladings at length, page 193 . 

It is, however, proper to observe, that, if no f ill of lading be signed, then the master 
cr owner is bound by the general law of the land,, as above mentioned. 




Rasters 



SEAMEN m the MERCHANT-SERVICE. 


X 


m 

Master to agree in writing with his seamen. — No master is to proceed 
on any voyage, for parts beyond the seas, without first coming to an 
agreement, in writing, with his mariners, for their wages: if he do so, 
he shall forfeit, for every mariner so taken without written agreement, 
51. 2 Geo. II. c. 36, § 1 . 

Masters rtter chant-vessels to bring home sea-faring persons. — British 
governors, ministers, and consuls, residing in foreign parts, or, where 
none such is present, any two British merchants, are required to pro¬ 
vide'for sea-faring men and boys, subjects of Great Britain, who, by- 
shipwreck, capture, or other unavoidable accident, shall be in foreign 
parts, or who shall have been discharged there as unserviceable from th« 
royal navv, and subsist them at 9 <bpcr diem each; and send them home, 
as soon as conveniently may be, in any ship belonging to the royal navy, 
or in any merchant-ship. 32 Geo. III. c. 33 . —Every master of a mer¬ 
chant ship, homeward-bound, is required to take all such sea-faring 
persons on-board, (not exceeding four to each 100 tons,) and bring them 
to some port in Great Britain. Upon arrival, if he produce, to the 
navy-board, a certificate, from the governors or consuls, &e. of the num¬ 
ber of names of the men and boys taken on-board by their directions, 
and his own affidavit specifying the time during which he subsisted 
them, and whether his own complement of men was full or not, he will 
be paid 9d. per diem for the passage and provisions of each person 
above the number of his full complement. 32 Geo. III. c. 33. 

Master to keep an account of forfeitures to Greenwich-Hospital. — The 
master of every vessel is required, by the 2 Geo. II. c. 36, to keep a 
regular account of the penalties and forfeitures due to Greenwich-Hos- 
pital by the mariners disobedience, as mentioned hereafter in the next 
chapter; to deduct the same from their wages, and to pay the amount 
thereof to the collector of the Greenvvich-Hospitai duty, within three 
months after such deduction, upon pain of forfeiting treble the value 
thereof to the use of the said hospital. 


CHAP. XIII. 

SEAMEN, AND SEAMENS WAGES, IN THE MERCHANT-SERVICE. 

I. AGREEMENT in writing. — Every seaman, who ships himself or 
board a merchant-ship for any voyage, shall be obliged to sign 
an agreement for wages within three days. 2 Geo. II. c. 36, §. 2 . 
And, by the act of 31 Geo. III. c. 39, which is abstracted in a subset 
quent part of this book, this regulation is extended to the coasting- 
trade.* 

2 . deserting. — If any seaman desert, or refuse to proceed on the 
voyage, after signing such contract, he shall forfeit to the owners all 
the wages due to him. If any such seaman absent himself from such 
ship after signing, the master may apply to any justice for a warrant 
to apprehend him ; and, if he shall refuse to proceed on the voyage, 
without sufficient reason, the justice shall commit him to the house qf 
correction. 2 Geo. II. c, 36, §. 3 and 4 . 

* Printed forms of these agreements, agreeable to the aft of parliament, may be had 
of P. Si eel, at the Navigation-'Warehouse, No i, Union-Row, Little Tower-Hill. 

3. Absent 


• SEAMEN in the MERCHANT-SERVICE. 


177 


3 . Absent without leave. —If any seamen absent himself from the vessel to 
which he belongs without leave, he shall, for every day’s absence, forfeit 
two days pay to the use of Greenwith-Hospital. 2 Geo. III. c. 36, §. 5. 

4. To be discharged by writing. — If any seaman leave the vessel to 
which he belongs, without receiving his discharge in writing from the 
master, unless he enters into his Majesty’s service, he shall forfeit one 
month’s pay.— 2 Geo. II. c. 36, §6. 

5. When wages are to be paid. — On arrival in Great Britain, the mas¬ 
ter shall pay the seamen their wages, if demanded, in thirty days after 
entry at the Custom-house, or at the time the seamen shall be dischar¬ 
ged, (whichever shall happen first,) deducting therefrom the above- 
mentioned penalties, under the forfeiture of 20.?. to every such seaman 
unpaid.— 2 Geo. II. c.-36, §. 7. 

6. Refusing to defend the ship. —If any mariners or inferior officers of 
any merchant-ship shall decline or refuse to defend the ship, or utter 
words to discourage others from doing so, every mariner so behaving 
shall iose all his wages, together with such goods as he may have in the 
ship, and suffer imprisonment for a time not exceeding six "months. 
And every mariner, who shall have laid violent hands on his comman¬ 
der, to hinder him from fighting in defence of his ship and goods, shall 
suffer death as a felon.— 22and 23 Car. II. c. 11. § 7 and 9.' 

7. Wilfully losing the ship. — If any master, mariner, &c. shall wilfully 
cast away, burn, or destroy, his ship, or procure the same to be done, he 
shall suffer death as a felon.—22 and 23 Car. II. c*. 11, §. 12. 

8. Negligence of mariners. — Masters may re-imburse themselves, out 
of the wages of their mariners, for losses happening by their negli¬ 
gence.—Raymond’s Rep. p. 650. 

9. Suing for wages in the Admiralty. —The convenience arising, to 
mariners in suing for their wages in the Admiralty is so great, that, out 
of regard to that useful body of men, it is permitted that they may sue 
for wages there. But, although this liberty is permitted to mates and * 
mariners, it is denied to the master; for, the master contracts upon the 
credit of the owners, and the mariners upon the credit of the ship. The 
convenience and benefit accrueing to the mariners from this practice 
are, 1 st. That they may all join in a suit there for wages, (thereby 
lessening die expense,) which could not be done in the usual courts of 
the kingdom ; and, 2d. In the Admiralty, the ship itself is answerable, 
and not the owners. 

Even if a master of a ship designs to go a voyage, and hires and takes 
on-board seamen in order to it; afterwards the owners cannot agree 
about sending the ship the voyage, and the seamen are thereupon 
discharged; the seamen have the same remedy in the Admiralty for 
their wages as if the ship had gone the voyage, 

10. In whet cases wages are due. — If a ship be lost before she arrive at 
any port of delivery, the seamen lose all their wages. If she be lost after 
coming to a port of delivery, they only lose their wages from the last 
port of delivery; and, even though the officers and mariners gave bond 
not to demand wages unless the ship returned to London, she arrived at 
a delivering-port, and afterwards was taken by an enemy, they had, their 
wages to the delivering-port. If they run away, though after coming to 
a port of delivery, they lose all their wages. 

If a ship outward-bound arrives at her destined port, unloads there, 
receives freight to return to England, and is taken by enemies in her 
return, the mariners shall have their wages to the time she arrived at 
the port she unloaded in, and for half the time she staid there to unload. 

N If 


178 


SEAMEN in the MERCHANT-SERVICE.. 


If a seaman be impressed before the ship arrive at the delivering- 
port, and she afterwards arrive there safe, his wages are recoverable 
for the time he served. But, if a ship be taken, and ransomed, and 
the men impressed before she arrive at the delivering-port, Holt was of 
opinion no wages are recoverable by the men impressed. This last 
question, however, cannot now occur, as ransoms are prohibited by act 
of parliament. 

An action was brought by a sailor for wages in a voyage from, 
Barnstaple to Newfoundland, and thence to Spain, Portugal, of some 
port in the Mediterranean. The ship was taken after her arrival at 
Newfoundland, and the action was brought for the wages due on that 
part of the voyage. Verdict was given for the defendant; but, on mo¬ 
tion for a new trial, it was the opinion of the court that it was all one 
entire voyage. The fish is only the lading of the ship; no matter where 
taken in. And the ship was lost before its arrival at the port of delivery: 
as the freighter lost his cargo, the mariner ought to lose his wages. 

A sailor was hired lor a voyage from Jamaica to Liverpool, and took, 
of the captain, this promissory-note: “ Ten days after the ship, Gover- 
“ nor Parry, myself master, arrives at Liverpool, I promise to pay to 
“ Mr. T. Cutter the sum of thirty guineas, provided he proceeds, con- 
tinues, and does his duty, as second mate in the said ship, from hence 
tc to the port of Liverpool. Kingston, July 31, 1793.” The ship sailed 
on the second of August, and arrived at Liverpool on the 9th of Octo¬ 
ber following ; but T. Cutter died on his passage the 50th of September. 
An action was brought by his administratrix: and the court were of 
opinion, that, as there was no general usage among merchants with 
respect to these notes in such a case as the present, they must decide, 
that, as T. Cutter did not'conthme to do his duty till arrival at Liver¬ 
pool, his representative could recover nothing even for that part of the 
time in which he did duty.—Cutter v Powell, 6 Term, Rep. 320. 

The cargo of a ship was lost by the capture of a Swedish privateer, 
who carried her into Gottenburgh : the master staid there three months 
to refit and take in new Jading; and, to prevent the seamen from going 
away, he agreed to pay them so much a month while they staid there. 
And, in an action for this, the master would have discharged himself on 
the rule, that freight is the mother of wages, and that none are ever paid 
while the ship is lading and unlading; which the chief-justice agreed to be 
the general doctrine: but lie held it not sufficient to set aside a special 
agreement, as there was in this case. The seamen therefore recovered 
their wages. 

The abuses that existed, by desertion of seamen from merchant-ships 
in the West-India trade, gave rise to the following act of parliament; 
(passed the 6th of June, 1797 ;) which is entitled. 

An Act for preventing the Desertion of Seamen from British Merchant-Ships 
trading to his Majesty s Colonies and Plantations in the West Indies. 

1 . Seamen deserting forfeit their wages. — From the first day of July, 
1797, every seaman, marriner, and other person, who shall desert at 
any time during the voyage, either out or home, from any British mer¬ 
chant-ship trading to or from the West-India colonies or plantations, 
shall, over and above all punishments, penalties, and forfeitures, to 
which he is now by law subject, forfeit «all the wages he may have 
agreed lor with, or be entitled to daring the voyage from, the master 
or owner of the ship on-board of which-he shall enter, immediately after 
such desertion, _ 2. Masters 



SEAMEN in the WEST-INDIA TRADE. 


179 


2. Masters hiring seamen who have deserted. — Every master or com¬ 
mander of any British merchant-ship, who shall hire or engage to serve 
on-board his ship or vessel any seaman, &c. who shall, to the know¬ 
ledge of such master, have deserted from any other ship or vessel, shall 
forfeit and pay one hundred pounds. 

3. Upon iikat terms seamen map be hired, in the West Indies. — No mas¬ 
ter or commander of any merchant-vessel shall hire or engage any sea¬ 
man, &c. at any port or place in the West Indies, to serve on-board 
any such merchant-vessel, at greater wages than double of the monthly 
wages contracted for with the seamen, &c. hired to serve on-board 
such vessel at the time of her then last departure from Great Britain, 
being in the same degree and station as such seaman, &c. unless tho, 
governor, chief-magistrate, collector, or comptroller, of such port or 
place, shall think that'greater wages ought to be given, and shall ac¬ 
cordingly authorise the same to be given, by writing under his hand* 
And all contracts, bonds, bills, notes, and other securities, promises, 
and undertakings, made contrary hereto, shall be null and void to all 
intents and purposes; and every person who shall make or enter into 
any such contract, &c. or who shall hire or procure to be hired any 
seaman, &c. to enter on-board any vessel contrary hereto, or who 
shall pay, or procure to be paid or given, any greater wages, or other 
gratuity or advantage whatsoever, to or for any seamen, &c. as afore¬ 
said, than is allowed by this act, shall, for every such offence, forfeit 
one hundred pounds. 

4. Ships to have apprentices. — Every master of any merchant-ship, 
trading to the West Indies, shall have on-board his ship, at the time of 
clearing out from Great Britain, one apprentice under the age of seven¬ 
teen years, duly indented for three years, for every 100 tons admea¬ 
surement, and so in proportion for every 100 tons, according to the 
certificate of registry; and the indenture of every such apprentice shall 
be duly enrolled at the custom-house of the port whence any such ship 
shall clear out, with the collector or comptroller, within one month after 
the date or execution thereof; which said apprentices shall be exempt 
from serving in his Majesty’s navy for three years from the date of such 
indentures; and every owner, or master, neglecting to enrol the same, 
shall, for every such offence, pay ten pounds, to be paid one moiety by 
the owner and the other moiety by the master. 

5. Masters to deliver lists of certain particulars. — Every master of 
such ship shall, within ten days after arrival out at any port, in the said 
colonies or plantations, and also within ten days after arrival home at 
any port in Great Britain, deliver, upon oath, before the collector or 
comptroller of such port, a true and exact list and description of all the 
crew on-board at the time of their clearing out from any port or ports in 
Great Britain, and also of the crew on-board the same, at the time of 
their arrival in any port or ports in the said colonies or plantations; and 
also a true and exact list and description of every seaman, mariner, or 
other person, who has deserted from such ship, or who has died during 
the voyage; and also a true account of the wages due to each seaman, 
mariner, or other person, so dying, at the time of his death; and every 
master, omitting, neglecting, or refusing, so to do, shall, for every 
such offence, forfeit fifty pounds; and, for which said list and account 
so delivered, such collector or comptroller shall be entitled to receive 
the fee of two shillings and sixpence, and no more; and every master 
of a ship, or any other person, may inspect such list and lists, from 
time to time, as he or they may think proper; for which inspection the 


180 SEAMEN in the WEST-INDIA TRADE. 

said collector or comptroller shall be entitled to receive one shilling, and 
no more. 

6. No seaman entitled to greater wages than herein-authorised. — No 
seaman, mariner, or other person, who shall, at any port or place in 
the West Indies, engage himself to serve, or who shall enter, on-board 
any merchant-vessel, which shall sail from Great Britain after the first 
of July, 1797, shall be entitled to or receive any greater wages or hire, 
or other gratuity or advantage whatsoever, than such wages or hire as 
herein-before authorised. 

7, 8. Wages of dead men . — The wages due to any seaman, mariner, 
or other person, hired or engaged on-board any British merchant-ship 
for any voyage from any port in Great Britain to any port in the West 
Indies, and who has died on-board during the voyage, shall, within 
three calendar months after arrival in Great Britain, be paid to the re¬ 
ceiver of the six-penny duty for Greenwich-hospital to the use of the 
executor or administrator; and, if any master shall neglect or refuse to 
pay the same to the said receiver, he shall pay, for every such offence, 
fifty pounds; and also double the amount of the wages due. And, if 
the said wages be not lawfully demanded of the said receiver within 
three years after the payment thereof to him, they shall be forfeited to 
the seamen’s hospital of the port to which such ship belongs; but, in 
case there should be no seamen’s hospital at that port, then to the use 
of the old and disabled seamen of the same port, and their families, to 
be distributed at the discretion of the magistrates for the county where 
such port shall be situate, or any two or more of them. 

9. Disposition of penalties. —- The penalties and forfeitures given by 
this act shall be paid ancLapplied thus: one third-part to Greenwich- 
hospital; one-third part towards the support of the seamen’s hospital at 
the port to which the ship or vessel, in respect of which the forfeiture 
shall arise, belongs; but, in case there shall be no seamen’s hospital at 
that port, then to and for the benefit of the old and disabled seamen of 
the same port and their families; to be distributed at the discretion of 
the persons having the direction of the merchant-seamen’s fund at such 
port; or, in case there shall be no such establishment there, by the ma¬ 
gistrates or overseer of the poor of such port; and the other third part 
thereof to and for the person or persons who shall inform and sue for the 
same. 

10. Exemption of certain case s. — Nothing in this act shall extend to 
any agreement made with any seaman, &c. hired in the West Indies, 
who shall, at the time of such hiring, deliver to the master of such 
merchant-vessel a certificate, under the hand of the master of the ves¬ 
sel on-board of which such seaman, &c. had then last served, signed 
in .the presence of one witness or more, stating their usual place of 
abode, and thereby certifying that such seaman, &c. had been duly 
discharged from the vessel on-board of which he had so last served ; 
and which certificate the said master shall grant within three days next 
after application made to him'by such seaman, &c. before a witness ; 
or, in default thereof; shall, forfeit twenty pounds. Nor shall this act 
extend to any agreement to be made with any person hired or engaged 
to serve on-board any merchant-vessel, which, through necessity, or 
on account of any hazardous service or extraordinary duty, require 
such agreement to be made, and more wages given, and of which 
proof shall be made on oath before the chief magistrate or principal 
officer of any port or place, or before any justice of the peace of the 
said colonies or plantations; and provided also that such person so hired 

shall 


SEAMEN in the WEST-INDIA TRADE. 


IS! 

shall not have deserted from the vessel on-board of which he had then 
last served; and provided also, that no greater wages shall be given or 
received, except in cases of such necessity, very hazardous service, or 
extraordinary duty as aforesaid, then after the rate of double the 
monthly wages, or the wages to be settled by any governor, chief ma¬ 
gistrate, collector, or comptroller, as herein-before directed. 

11. Articles to be entered into. — From the first of July, 1797, the 
articles to be entered into by and between the masters, seamen, and 
mariners, of such merchant-ships, shall be agreeably to the following 
purport and effect. 


Ship ' k 

T is hereby agreed between the master, seamen, and mariners, of the ship 
now bound for the port of and the master or com¬ 

mander of the said ship, That, in consideration of the monthly or other wages against 
each respective seaman or mariner’s name hereunto set, they severally shall and will per¬ 
form the above-mentioned voyage ; and the said master doth hereby agree with and hire 
the said seamen and mariners for the said voyage at such monthly wages, to be paid pur¬ 
suant to the laws of Great Britain ; and they, the said seamen and mariners, do hereby 
promise and oblige themselves to do their duty, and obey the lawful commands of their 
officers on-b aid the said ship or boats thereunto belonging, as become good and faithful 
seamen and mariners, and at all places where the said ship shall put in or anchor during 
the said ship’s voyage, to do their best endeavours for the preservation of the said ship 
and cargo, and not to neglect or refuse doing their duty by day or night; nor shall go out 
of the said ship on-board any other vessel, or be on shore under any pretence whatsoever, 
till the voyage is ended and the ship discharged of her cargo, without leave first obtained 
of the master, captain, or commanding-officer, on-board ; and, in default thereof, they 
freely agree to be liable to the penalties mentioned in the act of parliament, made in the 
second year of the reign of King George the Second, emptied, “ An Ac lor the better 
Regulation and Government of Seamen in the Merchants Service and the act, made 
in the thirty-seventh year of his present Majesty’s reign, entitled, u An Act for pre¬ 
venting the Desertion of Seamen from British Merchant-ships trading to his Majesty’s 
Colonies and Plantations in the West Indies.” And it is farther agreed by the parties to 
these presents, that twentv-fuur hours absence without leave shall be deemed a total 
desertion, and render such seamen and mariners liable to the forfeitures and penalties 
contained in the acts above-recited; that each and every lawful command which the 
said master shall think necessary to issue for the effectual government of the said vessel, 
suppressing immorality and vice of all kinds, be strictly complied with under the penalty 
of the person or persons disobeying, forfeiting his or their whole wages or hire, together 
with every other thing belonging to him or them on-board the said vessel: and it is far¬ 
ther agreed, that no officer or seaman, or person 'belonging to the said ship, shall 
demand or be entitled to his wages or any part thereof, until the arrival of the said 
ship at the above-mentioned port of discharge, and her cargo delivered, nor less than 
twenty days, in case the seaman is not employed in the delivery : and it is hereby 
farther agreed between the master and officers of the said ship, that whatever apparel, 
furniture, and stores, each of them may receive into their charge, belonging to the said 
ship, shall be accounted for on her return ; and, in case any thing shall be Jest or da¬ 
maged through their carelessness or insufficiency, it shall be m ;de'good by such officer 
or seaman, by whose means it may happen to the master and owner of the said ship: 
and whereas it is customary for the officers and seamen on the ship’s return home in the 
river, and during the time their cargoes are delivering, to go on shore each night to 
sleep, greatly to the prejudice of such ship a d freighters; be it farther agreed by the 
said parties, that neither officer nor seaman shall, on any pretence whatsoever, be en¬ 
titled to such indulgence, but shall do their duty by day in discharge of the cargo, and 
keep such watch by night as the master or commander of the said ship shall think neces- 
sa;y, in order for the preservation of the above: and, whereas it often happens that part 
of the catgo is embezzled after being delivered into lighters ; and, as such losses are made 
good by the owners of the ships, be it therefore agreed by these presents, that what¬ 
ever officer or seaman the master thall think proper to appoint shall rake charge of the 
cargo in the lighters,'and go with the same to the iawuil key, and there deliver his 
charge to the. ship’s husband, or his representative* or see the same safely weighed at the 
king’s beam ; and, in consequence of their true fidelity, such seaman shall be entitled to 
two shillings and sixpence each lighter, exclusiveol their monthly pay ; and, should it 
60 happen that lighters are detained any considerably time at the key before they can 

N 3 be 


182 


IMPRESSING. 


be unloaded, such officer and seaman so appointed shall In that ease be entitled to two 
shillings and sixpence for every twenty-four hours, exclusive of their said monthly pay ; 
that each seaman and mariner, who shall well and truly perform the above-ment oned 
voyage, (provided always, that there be no plunderage, embezzlement, or other unlaw¬ 
ful acts committed on the said vessel’s cargo or -.tores,) shall be entitled to their wages or 
hire that may become due to him, purfuant to this .Igreement; that, tor the due per¬ 
formance of each and every the above-mentioned articles and agreements, and ack now. 
ledgement of their being voluntary and without compulsion, or any other clandestine 
means being used, the said parties have hereto subscribed their names, the day and 
month set opposite to their respective names. 


Place and 
time of 
entry. 

Men’s 

names. 

Quality. 

Witness 
to each 
man’s 
signing. 

Pay in the river. 

Wages per 
month, or by 
the run for 
he voyage. 

Whole 

wages. 

Whole. 

Half. 





. 





CHAPTER XIV, 

IMPRESSING. 

1. Tl' VERY ship in the coal-trade has the following number of per- 
sons protected; viz. two able seamen (such as the master 
shall nominate)* for every ship of 100 tons; and one for every 50 
tons for every ship of 100 tons and upwards; and any officer, who pre¬ 
sumes to impress any of the above, shall .forfeit, to the master or owner 
of such vessel, of 10 for every man so impressed ; and such officer shall 
be incapable of holding any place, office, or employment, in any of 
his Majesty’s ships of war. — 6 and 7 Will. III. c. 11, §. 12. 

2. No parish-apprentice can be compelled or permitted to enter into 
his Majesty’s sea-service till he arrives at the age of eighteen years. — 
2 and 3 Anne, c. 6, §. 4. 

3. Persons, •voluntarily binding themselves apprentice to sea-service, 
shall not be impressed for three years from the date of their indentures. 
But no persons above eighteen years of age shall have any exemption 
or protection from his Majesty’s service, if they have been to sea before 
they became apprentices. — 2 and 3 Anne, c. 6, §. 15 ; 4 Anne, c. 19, 
§. 17 ; and 13 Geo. II. c. 17, §. 2. 

4. All persons coming under the four following descriptions, em¬ 
ployed in the fisheries of these kingdoms , are exempted from being im¬ 
pressed ; viz. 

1st. Masters of fishing vessels or boats, who, either themselves or 
their owners, have, or within six months b Tore applying for a 
protection shall have had, one apprentice or more, under sixteen 


# In order that these men should be thus protected, it is nece-sary for the master to 
name them, before they are impressed: this is to be done by going before the mayor or other 
chief magistrate of the place, who is to give the master acertificat in which is contain¬ 
ed the names ot the particular men whom he thus nominates; a id this certificate will 
be their protection. 5 Term Rep. 41^. 


years 



















IMPRESSING. 


183 


years of age, bound for five years, and employed in the business 
of fishing on the coasts or in any of the rivers. 

5?dly, All such apprentices, not exceeding four to every master or 
owner of any fishing-vessel of 30 tons or upwards ; and two to 
every vessel or boat under 30 tons; during the time of their ap¬ 
prenticeship, and till the age of 20 years, they continuing, tor 
the time, in the business of fishing only. 

Sdly, One mariner, besides the master and apprentices* to every 
fishing-vessel of 10 tons or upwards, employed on the sea-coast, 
during his continuance in such service. 

4thly, Any landman, entering and employed on-board such vessel, 
for two years from his first going to sea, and to the end of the 
voyage then engaged in, if he so long continue in such service. 

5. On affidavit being made before some justice, and laid before the 
Admiralty, that the persons therein named and described come within 
some or one of the lour above descriptions; (inserting the tonnage of 
the vessel, and port she belongs to; the name and description of the 
master; the age of every such apprentice, and term he is bound for, 
with the date of his indenture; and the name, age, and description, 
of every such mariner and landman, with the time of such landman’s - 
first going to sea;) the Admiralty shall thereupon, unless they suspect the 
truth of such affidavit, (which in such case they are to inquire into,) 
grant, without any fee, a separate protection to every such person; 
and, if any such protected person shall be impressed, except in the cases 
of an actual invasion of these kingdoms , or imminent danger thereof \ and 
signified by some order of his Majesty or his privy council to the Lords of the 
Admiralty , and detained, after producing such protection, the officer 
who so detains him shall forfeit £20 to the party impressed, not being 
an apprentice; and, if an apprentice, then to his master. 2 Geo. III. 
c. 15, §. 23,24. 

6. No master or owner of .such fishing-vessel is knowingly to harbour 
a deserter from the King’s service, under penalty of £20. 2 Geo. III. 
c. 15, §. 25. 

7. No fisherman using the seat shall be taken to serve as a mariner by 
the King’s commission ; but such commission shall be first taken to two 
justices of the peace next adjoining, that the said justices may choose 
out such sufficient number of able men as shall be contained in the said 
commission. 5 Eliz. c. 5, §• 43. 

8 The four following descriptions of persons are likewise exempted 
from being impressed ; viz. every person being 55 years of age, or up¬ 
wards ; every person not having arrived to \ 8 years of age ; every fo¬ 
reigner, being a mariner, seaman, or landman, who shall serve in any 
merchant-ship, or other trading-vesse], or privateer, belonging to the 
subjects of the crown of Great-Britain; and every person, of what age 
soever, who shall use the sea, shall be freed for two years, to be com¬ 
puted from die time of his first going. 13 Geo. II. c. 17, §. 1 and 2- 

9. Upon diie proof of the respective, ages and circumstances of the 
four la^t-described persons to the Admiralty, they will receive protections 
without any fee. 13 Geo. II. c. 17, §. 3. 

JO. No harpooner, line-manager, or boat-steerer, belonging to any 
vessel fitted out for the southern whale-fishery, shall.be impressed, so 
longas he shall belong to, and be employed on-boaid, any ship or vessel 
whatever in the said fishery. 26 Gcq. III. c. 50, § 25,. 

J !. No harpooner, line-manager, or boat-steerer, who shall belong 
to anv vessel in the Greenland-fishery,. shall be impressed from the said 

N V service . 


3 84* 


OF FREIGHT, &c. 


service; and any such harpooner, line-manager, or boat-steerer, may, 
during the time of the year that they are not employed in such service, 
sail in the colliery trade, upon giving security to the commissioners of 
customs that he will return the next season. And every seaman or 
common mariner, who, after the first of February in any year, shall 
enter on-board any vessel intending to proceed on this fishery in the fol¬ 
lowing season, and who shall have given security to the commissioners 
of customs to proceed, and shall proceed accordingly, shall be exempt 
from being impressed from the said first of February till after the expi¬ 
ration of the then next season, and until the voyage home be com¬ 
pleted. It is necessary, to protect the above persons employed in the 
Greenland-fishery, that the owner of every ship should deliver, on 
oath, to the collector of the customs at the port, a list of such persons, 
distinguishing the capacity in which each is to act. But these pro¬ 
tections ,do not extend to more persons than 6 harpooners, 6 line-ma¬ 
nagers, and 18, common seamen, to every ship of 400 tons, and so in 
proportion for any less tonnage. 32 Geo. III. c. 22, §. 5. 

A ferryman is likewise exempt from being impressed: said by Mr. J. 
Buller. 5 Term Rep. 277. 

It was determined, in the case of the King against Rowland Phillips , 
which was an indictment for murder, That, if an officer in the impress- 
service fire, with a musquet, as' is usual in the navy, to hit the hall-* 
yards of any vessel, in order to bring her to, and, by that, • he chance 
to kill a man, this is not murder, but manslaughter. 


CHAPTER XV. 

FREIGHT, CHARTER-PARTY, AND DEMURRAGE, 

Definition of Freight. 

F REIGHT is the sum agreed on or payable for the hire of a ship or 
carriage of goods: but the word freight is sometimes rather im¬ 
properly used to signify the cargo or loading itself. In its former and 
more correct sense only it will be used in the course of this treatise. 

The taking of a ship to freight is the hiring of her from her master or 
owners, either in part or in the whole, by the month, for an entire voy¬ 
age, or by the ton. The contract, when reduced into writing, is 
called a charter-party ; but it may be done by a verbal agreement only. 

What a charter-party is. — A charter-party is the same in the civil law 
as an indenture at common law. It settles the terms upon which the 
cargo is to be carried, as the bills of lading determine the contents of 
the cargo; the. master or owners usually binding themselves, the ship, 
tackle, and furniture, that they shall be delivered (dangers of the seas 
excepted) well-conditioned, at the place of discharge agreed upon. 
They likewise generally covenant to provide a sufficiency of tackle and 
mariners, and to fit the ship in every respect for performing the voy¬ 
age. The merchant or freighter, on his part, stipulates to comply with 
the payment promised for freight on delivery of his goods: and both 
parties oblige themselves in penalties for non-performance. , 

Who 








OF FREIGHT, &c. 


185 


Who may make a charter-party. — A charter-party may be made by 
the master, for himself and owners: in which case, the master may re¬ 
lease the freighter without advising with the owners. But, if the own¬ 
ers let out to freight the ship, whereof J. J. is master, then, though the 
master covenant in the same charter-party, and subscribe it, his release 
will not bind the owners; but the owners release will include the 
master. 

So likewise may a factor enter into a charter-party. If a factor 
freight a ship, by order and for account of another; out and home, and 
a charter-party is made between him and the master, the factor is liable 
for the freight and performance of all the covenants. But, if the ship 
be only freighted outwards, and loaded by the factor, the goods shipped 
are alone liable for the freight: and no demand can be made on the 
freighters by virtue of the charter-party: but the consignee of the goods 
is to pay the freight, according to the bills of lading. 

How a verbal agreement u'ill operate. — If there be a verbal agreement 
only, and earnest given, and the same be broken off by the merchant, 
according to the Rhodian law, he loses his earnest : if the master or 
owners repent, they forfeit double. But, by the common law of En¬ 
gland, either of the parties damnified may bring his action upon the case, 
and recover all the damages of the agreement. 

Freight, where no agreement. — Freight will, however, arise, not only 
by the terms of a charter-party or verbal agreement, but by common 
usage; for, when goods are sent on-board generally, such freight be r 
conies payable as is customary for the like goods in similar voyages.. 

Cargo answerable for the freight. - The lading of the ship is tacitly 
bound for the freight, which, in point of payment, is preferred before 
all other debts to which the goods so laden are liable, although such 
debts, as to time, were precedent to the freight; for the goods remain, 
as it were, bailed to the master for the freight, nor can they be attached 
in his hands. But, as the goods are bound to the ship for hire, so is 
the ship to the owner of the goods in case of damage or waste through 
defect of the vessel or sailors. 

A trading-voyage. — If a ship is freighted from one,port to another, 
and thence to a third, fourth, and so home to the port whence she first 
sailed, (commonly called a trading-voyage,) this is all but one voyage ; 
but it must be performed conformably with the charter-party or agree¬ 
ment. 

Freight by the ton or parcels. — If a ship be freighted by the ton, and 
she is rull laden according to the charter-par,ty, the freight is to be paid- 
for her whole tonnage ; otherwise but for so many tons as the lading 
amounted to. 

If the ship be named to be of a certain burthen, and shall be found 
less, there shall be no more paid than only for the number of tons ac¬ 
tually laden on-board. ' 

If the burthen be expressed to be two hundred tons or thereabouts, the 
addition of thereabouts is commonly reduced to be within five tons, more 
or less. 

If a ship, freighted by the ton or by parcels, be cast away, and part • 
thereof is saved from the wreck, it has been doubted whether, pro rata, 
freight should not be paid. 

Freight by the great. — If a ship be freighted by the great, and her 
burthen be not expressed, yet the sum certain is to be paid. 

If a burthen be expressed, and she be found not to amount to that 
burthen, yet the sum certain is to be paid. 

If 


OF FREIGHT, &c. 


185 

If a ship, freighted by the great, be cast away, the freight is IgsL 

Freight by the month. — In freighting a ship by the month, calendar- 
months are meant; and thus it is always calculated by the merchants of 
London. Jolly v. Young, Trinity-Term, 34 Geo. III. 

In case a ship be freighted at the rate of £20 for every month that she 
shall be out, to be paid after arrival at the port of London, and the ship 
be cast away coming up from the Downs, but the lading is all preserved, 
freight becomes due ; for the money arises monthly by the contract, and 
the place mentioned is only to shew where payment is to be made. 
The freight becomes due on the delivery or bringing up of the commo¬ 
dities, and not the ship, to the port of London. 

Freight for the voyage out. — If a ship be freighted out, and the mas¬ 
ter covenants that the ship should sail out of the port to Cadiz with the 
first fair wind and opportunity, and the freighter covenants, that, for the 
freight of all the premises, he would pay unto the master o£l84, if the 
master cLo not shew that the ship arrived at Cadiz, he cannot recover the 
freight. The reason of this seems to be, that, by the special terms of 
the contract, the master was in the nature of an insurer for the amount 
of the freight agreed on. 

A contract is m^de, between a merchant and a master of a ship, that. 
If he carries the merchant's goods to such a port, he will then pay him so 
much money for freight. In making tiie voyage, the ship is robbed by 
pirates, and part of her loading lost, and afterwards the remainder is 
brought to the port of discharge. Here the sum agreed on for freight is 
not due, the agreement not being performed on the part of the master; 
and this is a conditional contract. But it Is otherwise by the civil law ; 
for thereby the same is a danger of the seas, which, if not expressed in 
naval agreements, is naturally implied : and there was no default in the 
master or his mariners; and, had these goods, which the pirates carried 
away, been thrown overboard in stress of weather, it would not have 
worked a disability in the master to receive the sum agreed on : because, 
both by the common law and law marine, the act of God, or that of an 
enemy, shall not have an effect to work a wrong in actions private; and 
a pirate is esteemed an enemy in our law. 

Freight out and home. — When a ship is freighted out and in, (or out 
and home,) there is no freight due till the whole voyage be performed ; 
so that, if she be cast away coming home, the freight outwards as well 
as inwards becomes lost. 

Freight for passengers. — If freight be contracted for the transporting 
of women, and they happen in the voyage to be delivered of children, 
no freight becomes due for the infants. 

A master of a ship is not bound to answer freight to the owners for 
passengers, where it appears they are not able to pay. 

Freight for cattle. — If freight be agreed on for a lading of certain 
cattle, or the like, from Dublin to West Chester, and some of them 
happen to die before the ship’s arrival, the whole freight is become due, 
as well for the dead as the living. But, if the contract be to transport 
them at so much per head, freight will become- due only for such as are 
living at the ship’s port of discharge. 

When cattle or slaves are sent on-board, without any previous agree¬ 
ment about transporting thepi, but generally, their freight is payable for 
the dead as well as the living. 

Freight for wine when it has leaked . — If freight be taken for a hun¬ 
dred tuns of wine, and twenty of them leak out, so that there is not 
above eight inches from the bulge upwards, yet the freight becomes 


OF FREIGHT, &c. 


187 


due; but, if they be under eight inches, some conceive it then to be In 
the election of the freighters to fling them up to the master for freight, 
but most think otherwise; for, if all had leaked out, if there was no 
fault found in the stowage, by a survey from the Trinity-House, there is 
no reason the ship should lose her freight; for, the freight arises from 
the tonnage taken, and, if the leakage was occasioned through storm, 
the same, perhaps, may come into an average. Masters should take 
care to make their regular protests after a storm, as they may suffer se¬ 
verely by omitting it. 

Of the performance of the charter-party by the freighter. — If, by the 
time appointed in the charter-party, the freighter is not ready to load, 
the parties are at liberty ; and the suffering one hath his remedy by ac¬ 
tion for the damage. — Buckle v. Atkinson. 

If part of the lading be on-board, and some intervening misfortune 
prevent the merchant from shipping the whole in time, the master is at 
liberty to contract with another, and shall have freight, by way of da¬ 
mage, for the time that those goods were on-board after that limited. 
For, a failure as to a complete loading will end the contract, unless af¬ 
terwards affirmed by consent. And, though it be not prudent for a mer¬ 
chant or master to depart from the contract, on every non-compliance 
with its terms, yet it is the highest justice that ships and masters should, 
in such cases, remain free: for, otherwise, by the bare lading of a cask 
or bale, they might be defeated of the opportunity of passage or the 
season of the year. 

If goods are fully laden on-board and the ship hath broken ground, and 
the merchant determines again to unload them, and not to prosecute the 
adventure, by the marine laic the freight is due. 

Where no freight was to be paid for the cargo outwards , but freight 
Ibr the .cargo homewards , and the freighter’s factor abroad had no goods 
to load on-board of her, payment of the freight was decreed. 

If a ship be freighted out and home, and deliver her cargo at the 
place agreed on, or if a ship be freighted to go to any place to load, 
anfi arrive there, and the freighter’s factor cannot or will not put any 
thing on-board, the master must stay the days of demurrage agreed on 
by the charter-party, and make a regular protest for his freighter’s non- 
compliance, who will, in this case, be obliged to pay him, empty or 
full: though, should the master not wait the time stipulated, or omit to 
make his protest, he will lose his freight. In case the master, on his 
finding no goods provided, should load some on his own account, as 
salt or the like, this will not prevent his recovering the freight; but, if 
the master take in such salt, on his own account, before the days of 
demurrage are expired, and that, by some condition with the freight¬ 
er, he may still claim freight, then the freighter is to have the benefit 
of the salt, in deduction of the said freight. 

If a freighter, by loading prohibited or unlawful goods, occasion the 
ship’s detention, or otherwise impedes the voyage, he will have to pay 
the freight agreed for. 

Of performance of-the charter-par ty by the master or owner. — If, by 
the time appointed in the charter-party, the ship is not ready to take 
in, the parties are at liberty; and the suffering one hath his remedy 
against the other, by action, to recompense the damages. 

If part of the goods be on-bo aid, and some intervening misfortune 
prevents the master from taking iii the remainder, the merchant may 
ship them on-board another, discharge the first, and recover damages 
against the master or owners for the rest. 


If 


J $8 


OF FREIGHT, &c. 


If the ship in her voyage becomes unable, without the master’s 
fault, or that the master or ship be arrested by any foreign prince or 
state in her voyage, the master may either mend, his ship or freight ano¬ 
ther ; but, if the merchant will not consent thereto, then the Jr eight 
becomes due for so much as the ship hath earned; otherwise, the master 
is liable for all damages that shall happen : and therefore, if that ship, 
to which the goods were translated, perish, the master shall answer; 
but, if both the ships perish, then he is discharged. But, in case of 
extreme necessity, as that the ship would be in a sinking condition,, 
and an empty ship is passing by or at hand, he may translate the goods; 
but, if that ship sinks or perishes, he is there excused; but then if 
must be apparent that the ship seemed probable and sufficient. 

If a master shall weigh anchor and sail after the time covenanted 
or agreed for his departure, if any damage happens at sea after that 
time, he shall refund and make good ad such misfortune. Yet, if a 
charter-party be made, that the plaintiff shall sail from London to Lis¬ 
bon with the first wind and opportunity, &:c. in consideration of which 
the merchant did covenant to pay so much for freight, and the ship de^ 
parts not with the first wind and opportunity, yet afterwards breaks 
ground and a, rives at her port, the freight in this case is become due; 
and there is nothing can debar the ship of her freight but non-depar¬ 
ture; for only that in law is material to avoid the payment of the 
ii eight; but to say the ship did not depart with the next wind is but a 
circumstance, which, in strictness of law, is not necessary to be denied. 

If it be agreed, that the master shall sail from London to Leghorn in 
two months, and freight accordingly is agreed on, if he begins the voy. 
age within two months, though he does not arrive at Leghorn within the 
time, yet the freight is become due. 

The East-India Company might, by charter-party, keep a ship they 
had freighted a long time in India, and did so keep her until she was 
unfit for service, and could not come home : they were obliged in Chan-* 
eery to pay the damage, though, by the charter-party,, it was payable 
at the return of the ship. 

If a master lets cut his ship, and afterwards- secretly takes in other 
goods unknown to the first freighter, by law marine, he loses his 
freight; and, if it should so fall out that any of the freighter’s goods 
should, for safety of the ship, be cast over-board, the rest shall not be- 
come subject to average, 'but the master shall make the damage good; 
though, if the goods are brought into the ship secretly and unknown to 
him, it is otherwise, and goods so brought in may be subject to what, 
freight the'.master thinks fit. 

When a ship puts into any other port than that she was bound to by 
agreement, the master shall answer all damages that shall accrue thereby: 
but, if she was forced in by storm, enemies, or pirates, he must after¬ 
wards proceed to that he was obliged to by contract. 

If a ship in her voyage happens to be taken by an enemy, and after¬ 
wards is re-taken by another ship in amity, and restitution is made, and 
she proceeds on in her voyage, the contract is not determined, though 
the taking by the enemy divested the property out of the owners; yet, 
by the law of war, that possession was defeasible ; and, being recovered 
in battle afterwards, the owners became re-invested: so the contract, 
by fiction of law, became as if she never had been taken, and the en¬ 
tire freight becomes due. 

It was covenanted, by a charter-party, that a ship should return by a 
certain time within the Rivet Thames, (tire danger of the sea excepted,) 

and 


OF FREIGHT, &c. 


189 


and afterwards in the voyage, and within the time of the return, the 
ship was taken upon the sea by enemies unknown to the covenanter; 
and, being detained by them, could not return within the River Thames 
within the time mentioned by the covenant: — Resolved, This impedi¬ 
ment was within the exception; for, these words intend as well any 
danger upon the sea, by pirates or men of war, as dangers of the sea by 
shipwreck, tempest, or the like. 

How an embargo will end a charter-part)). — If before the departure of 
the ship, there should happen an embargo, occasioned by war, reprisals, 
or otherwise, with tire country to which the ship is bound, so that she 
cannot proceed on her voyage, the charter-party shall be dissolved with¬ 
out damages or charges to either party, and the merchant shall pay the 
charges of unlading his goods; but, if the restraint arises from a differ¬ 
ence between the parties themselves, the charier-party shall still remain 
valid in all points. 

If the ports be only shut, and the vessels stopped for a time, the char¬ 
ter-party shall still be valid, and the master and merchant shall be reci* 
procally obliged to wait the opening of the ports, and the liberty of 
the ships, without any pretensions for damages on either side. 

However, the merchant, at his own charges, may unlade his goods 
during shutting up of the port, upon condition either to re-lade them, 
or indemnify the master. 


Form of a Charier-party of Affreightment. 

T HIS charter-party, indented, made, &c. between A. B. Sec. mariner, master, and 
owner, of the good (hip or vessel called, &c. now riding at anchor at. Sec. of the 
burthen of two hundred tons, or thereabouts, of the one part, and C. D. of &c. mer¬ 
chant, of the other part, witnesseth, that the faid A. B. for the consideration herein¬ 
after mentioned, hath granted,’and to freight letter), and by these presents doth gram, 
and to freight let, unto the laid C D. his executors, administrators, and assigns, the 
whole tonnage of the hold, llern-fheets, and half-deck, of the said ship or vessel called. 
Sec. from the port of London to, &c. in a voyage to be made by the said A.B. with 
the said ship, in manner herein-after mentioned, (that is to say,) to fail with the 
first fair wind and weather that shall happen after, See. next, from the port of London, 
with the goods and merchandise of the said C.D. his factors or assigns, on-board, to. 
Sec. aforesaid, (the danger of the sea excepted,) and there unlade and make discharge 
of the said goods and merchandises; and also shall there take into and on-board the 
said ship again the goods and merchandises of the said C.D. his factors or assigns, and 
shall then return to the port of London, with the said goods, in the space of, Xc. limited 
for the end of the said voyage. In consideration whereof, the said C.D. for himself, 
his executors, ancl administrators, doth covenant, promise, and grant, to and with the 
said A B. his executors, administrators, or assigns, by these presents, that the said C.D, 
his executors, administrators, factors, or assigns, shall and will well and truly p.rr. or cause 
to be paid, unto the said A.B. his executors, administrators, or ass gns, for the freight of \ 
the said ship and goods, the sum of, &c. (or so much per ton,) within twenty-one days 
after the said ship arrived, and goods returned and discharged at the port of London 
aforesaid, for the end of the said voyage ; and also shall and. will pay for demurrage, 
(if any shall be by default of him, the said C.D. his fa&ors, or assigns,) the sum 
of, &c. per day, daily, and every day, as the same shall grow due. And the aid A.B. 
for himself, his executors, and administrators, do;h covenant, promise, and grant, to 
and with the said C.D. his executors, administrators, and assigns, by those presents, 
that the said ship or vessel shall be ready at the port of London to take in goods by the 
said C.D. on or before, See. next coming. And the said C.D. for himself, his, &e. 
doth covenant and promise, within ten days after the said ship or vessel shall be thus 
ready, to have his goods p it on-board the said ship, to proceed on in the said voyage ; 
and also, on the arrival of the said ship at, Sec. within. See. days to have his goods 
ready to put on-board the said ship, to return on the said voyage. And trie said A.B. for 
himself, his executors, and administrators, doth farther covenant and grant, to and with 
the said C.D, his executory administrators, and assigns, that the said shifKpr vessel no r 


\ 


190 


OF FREIGHT, &c. ■ 


is, and at all times during the voyage sha’l be, to the best endeavours of him, the said 
A.B, his executors and administrators, and at his and their own proper colls and charges, 
ji: all things made and kept stiff, staunch, strong, well-apparelied, furnished, and pro- 
vic.ee, as well with men and mariners sufficient and able to sail, guide, and govern, 
the said ship, as with all manner of rigging, boats, tack, e, apparel, iurniture, provision, 
am appurtenances, fitting and necessary for the said men and manners, and for the said 
ship,during the voyage aforesaid. In witness, &c. 


The following is the Form of a Charter-parti/, whereby the Owners of one 
Moiety tf a Ship let to freight their Share to the Owners of the other 
Moiety . 

T HIS charter-party, indented, made, &c between A.B. and C.D. of London, mer¬ 
chants, own is of one moiety, or ha'f part, of the good ship or vessel called the 
Neptune, of the burthen of 200 tons, with the like moiety of all the ads, mast 1 ', tackle, 
apparel, furniture, ordnance, and appurtenances, thereto belonging, riding at anchor in 
the River of Thames, within th< port of London, ol which the said C.D. is mafte), of 
the one part, E.F. and G.H. of London, merchan s, owners of the other moiety and re* 
sidue of the said ship with the masts, sails, tackle, ordnance, furniture, and apparel, 
thereunto belonging, on the other part, witnesseth, that the said A B. and C.D. have 
granted and letten to freight, and by these .presents do grant and let to ‘fe ght, all their 
said part and moiety of the said ship and premises, unto the said E.F. and G.H. for x 
voyage with her (by God’s grace) to be mace in the manner and form following ; 

That is to sa' , that the said A.B. and C.D. for them, their executors, administrators, 
and assigns, do hereby covenant and grant, to and with the said E.F. and G.H. for 
them, their, and cither, of their executors and administrators, by these presents, that the 
said ship (being already lade> ) shall, with the fir t good wind and weather after the 
date hereof, (God permitting,) sail directly from the said River of 1 hame.s to the port ot 
Leghorn, in Italy, (the perils an dangers of the seas excepted,) and there discharge 
such goods and merchandises as shall be directed and appointed by the said E.F. and 
G.H. or one of them, their or one ol their factors or assigns; and thenca shall sail, 
and take her direct course, as wind and weather shall serve, with as much speed as may¬ 
be, (the perils and dangers of the sea excepted,) to Venice, and there shall stay and 
abide the space of forty working-days next after her first arrival there, to unlade all 
such goods and merchandises as shall remain on-board for account of E.F. and G.H. 
after her delivery at Leghorn as aforesaid; and to lc-Iade such goods, wares, and merchan¬ 
dises, as the said E.F. and G.H. or either of them, their or either of their factors or 
assigns, shall think fit to charge and re-lade on-board and into the said ship, that is 
to say, so much as the said ship can conveniently carry, over and above her victuals, 
tackle, ammunition, apparel, and furniture. 

And the said ship with her said loading shall, with the first good wind and weather 
after the expiration of the said forty days, sail and proceed from the said city of Venice 
to London. And the said E F. and G.H. for themselves and either of them, their and 
cither of their executors and administrators, do covenant, promise, and grant, to and 
with the said A.B. and*C.D. and either of thera, their and either of their executors, ad¬ 
ministrators, and assigns, by these presents, that they, the said E.F, and G.H. or one of 
them, or their or one of their executors, administrators, or assigns, shall and will well 
and truly pay, or cause to be paid, to the said A.B. and C.D. or one of them, their or 
one of their executors or adminiflrators, within the said city ol London, for every ton of 
such war6s and merchandises as shall be laden or unladen in the said ship, during the 
said voyage, the sum of, &c. (counting the tonnage according to custom, or if a certain 
sum is agreed on for the voyage out and home, or so much per month,) for the part and 
interest of the said A.B. and C.D. in the said ship, and for, and in lespeet of, the 
freight and hire of their part of her: which said money is to he paid in manner and 
form following; that is to say, onc-third part thereof upon the right discharge of the 
said ship, and another third part thereof within the space of six weeks then next follow¬ 
ing, and the remaining third part thereof within the space of two months next ensuing 
after the end and determination of the said six weeks. 

And the said A.B. and C.D. for them and either of them, their and either of their ex¬ 
ecutors and administrators, do covenant and grant to and with the said E.F. and G.H, 
their exccutojrs and administrators, by these presents, that the said ship, for their part, 
shall be strong and staunch, and well and sufficiently tackled and apparelled with sails, 
Sail-yards, anchors, cables, ropes, gun-shot, artillery, gunpowder, and all other instru¬ 
ments, tackle, and apparel, needful and necessary for such a ship, and for such a voyage, 
feather with an able master and sufficient number of mariners. 

And, 


OF FREIGHT, &c. 


191 


And, in the performance of all and every the covenants, grants, articles, and agree¬ 
ments, on the parts and behalfs of every of the said parties, truly to be hoiden, perform¬ 
ed, and kept, in all things as is aforesaid, the said parties, to these presents do bind 
themselves to. one another ; that is to say, the said A.B. and C.D. do, by 'these preserts, 
bind themselves, and either of them, and their several executors and administrators, 
goods, and their part and interest in the said ship, with the furniture thereof, to the 
said E.F. and G.H. and to their executors and administrators ; and the said E.F. and G.H. 
do in like manner bind themselves, and either of them, their and either ot their execu¬ 
tors, administrators, and assigns, and all their goods and interest in the said ship, to the 
said A..B. and C.D. their executors and administrators, in the sum or penalty of one 
thousand pounds of lawful money of Great Britain, by the party or parties infringing 
the said covenants, or any of them, to the other party or parties truly observing, to be 
paid by virtue of these presents. 



MerchanUVessels hired by the Transport-Office* 

FOR the purpose of transporting troops and stores, on account and 
for the service of government, a Transport-Board has been established, 
which superintends all that species of business, formerly transacted by 
the commissioners of the navy. This board makes all contracts with 
the ship-owners, causes surveys of their vessels to be made, and finally 
adjusts the accounts, and pays the balances. 

The terms of the contract sometimes vary, according to the particular 
service for which the merchant-vessel may be intended: but the general 
and most common charter-party of affreightment runs in these words; 


Form of a Charter-party of Affreightment . 

Complement, nine Men and two Boys. 

I T is covenanted, concluded, and agreed upon, this day of in the year 

of our Lord one thousand eight hundred and and in the year of 

the reign of our sovereign lord George the Tniid, by the grace of God, of Great Britain, 
&c. king, defender ol the faith, See. by and between 

of the good ship or vessel called the of "whereof is now master, 

of the burthen of tons, register-tonnage, now riding in the 

of the one part ; and the commissioners of his majesty’s transport-office, for and on 
behalf of his majesty, on the other part, in the manner following; that is to say, the 
said for and on behalf of himself, and all and every of the part-owners of the 

said ship or vessel, hath granted, and to hire, and freighf, letten, and by these presents 
doth grant, and to hire, and freight, let, the said ship or vessel, to the said commissioners, 
to receive on-board, at such port or ports as shall be dire&ed, all such soldiers, horses, 
women, servants, arms, ammunition, provisions, and stores, as shall be ordered to be 
put on board her, and proceed therewith to such port or ports as shall be required ; and, 
after having landed the said soldiers, horses, and stores, to receive on-board such others, 
with their baggage, See. as shall be put on board her, and proceed therewith as shall be 
directed : the ship to continue in pay for months certain, and afterwards till 

her return to and receive notice of discharge. 

And the said commissioners, for and on behalf of his Majesty, have hired or retained 
the said ship or vessel for the said time and service accordingly. Item, the said 
doth covenant, promise, and agree, that the said ship or vessel he strong, firm, tight, 
staunch, and substantial, both above water and beneath, and (if required) sheathed ; 
and shall and will sail forthwith to or near (wind and weather permitting,) 

equipped, fitted, furnished, and provided with masts, sails, sail-yards, anchors, ropes, 
cords, tackle, apparel; also with two proper boats, and gratings to her hatchways," 
necessary for such a voyage j and also with furniture, and all other materials and things, 
necessary, proper, convenient, and fitting, for such a ship or vessel, for her intended 
voyage and service ; and not to have lc>s than three large cables, one hundred and twenty 

fat horns 




192 


OF FREIGHT, &c. 


fathoms each, or so many together as will make tip three hundred and sixty fathom 
and one stream-cable, all in good condition ; and to have all proper saili>, and not less 
than two main-sails, two main-top-sails, two fore-sails, and two fore-topsails, with a 
complete set of small sails ; and also to be manned in proportion to 
to one hundred tons, fit and capable to manage and sail her; and shall have, at least, six 
carriage-guns * mounted, not less than three-pounders, and six swivels, and be provided 
with powder and shot, not less than twenty rounds of each for each gun, and all other 
things necessary and answerable thereunto, with a proper place or magazine for the se¬ 
curity of the powder; and also with good and wholesome victuals sufficient for the said 
men, during the said service and employment; and the whole number of men to be 
constantly on-board, and a regular book kept of their entries and discharges : and the 
said ship or vessel shall, in like manner, be furnished and provided, at the cost and charge 
of the owners, with coppers or furnaces, for the boiling and dressing of provisions for 
such a number of soldiers as shall be ordered and directed to be received on-board ; 
and also with cans and pumps for serving the said soldiers with beer and water in their 
voyage, as well as with platters, spoons, candles, and lanterns ; and also a proper num¬ 
ber of pumps and buckets For drawing and serving water to such a number of horses in 
their passage as shall likewise be ordered to be received on-board the said ship, or 
vessel, item, the said'master shall and will receive and take on-board the said ship or 
vessel, from time to rime* such a number of soldiers, horses, provision, provender, or 
any kind or sort of naval or victualling stores, recruits, and whatever else there shall 
be occasion for, for the service of his Majesty, as he shall be directed and required, 
aid as he can reasonably stow and carrv ; and shall and will therewith proceed, and 
sail to such port, place, or places, under convoy, as the said commissioners, or the 
officer-in-chief, whose command he shall be under, shall order and diiect, landing and 
delivering the same accordingly ; and so from time to time during her continuance in 
the said service; in performance of which, the said master and his men, with his boats, 
shall be aiding and assisting to the utmost of their power. Item, the said master shall, 
and is hereby obliged to, give and sign receipts, bills of lading, or other proper indents, 
for what he shall receive on-board, (men and horses excepted.) and be accountable for 
the same ; who likewise is hereby required to keep a true log-book of the wind and 
■weather, and other remarkable observations ; and, at the end and determination of the 
said service to deliver the same into the transport-office, upon oath, if required; to¬ 
gether with all orders and instructions that he shall receive ; and upon the arrival of the 
said ship or vessel, at any port or place whatsoever, he also shall, by the first opportunity, 
send immediate notice thereof to the said commissioners. In consideration of which 
covenants, conditions, and agreements, hereby to be performed by the said 
the said commissioners do covenant and promise, for-and on behalf of his Majesty, that 
the said his executors, administrators, or assigns, shall be allowed and 

paid tor the hire and Height of the said ship or vessel, the sum of 

a ton each calendar month, with the discount or transport-office bills added thereto, for 
the number of tons above-mentioned, for so long time as he shall be continued in his 
Majesty's said service : which freight or pay shall commence upon producing a certifi¬ 
cate from the proper inspecting officer or officers belonging to the transport-office, of the 
ship being completed, fitted, victualled, manned, and provided with proper necessa¬ 
ries and stores for the shipand company, so far as is incumbent on him to provide, ryadv 
to sail, and fit to proceed, on his part when required ; and the same shall also cease and 
determine at the time of her discharge, on the conditions before-mentioned. And the 
said shall, on signing and sealing hereof, have and receive a bill 

of imprest; made out and registered for two months freight upon account, after certi¬ 
fied as aforesaid, bv the sai<' officers, to be ready to proceed on his Majesty’s service, as. 
in part thereof paid in hand, according to the rate and tonnage aforesaid : and, after the 
said ship or vessel hath been in the service six months, and the owner produces to the 
said commissioners a certificate thereof from the commanding-officer or agents for 
transports, if there shall be such an officer, he shall have and receive a bill of imprest, 
made out and registered for two months freight more, and thence forward the like 
bill to the end of every four months, that is to say, when she shall have been in the 
service ten months, and proved to be safe, by the like certificate above-mentioned ; 
and the like payment of two months to be continued at the end of every four months 
as it shall become due, during her continuance in the said service, and the remainder 

* All additional ammunition for the above six guns, required by the commissioners 
of the transport-office to be provided, to be paid for by them, and to be allowed gun- 
money, as usual, for all additional guns the owners shall find, and for the ammunition 
foi the said additional guns, above the proportion mer.tioncd for the six in charter- 
party. The number of additional guns to be limited by the transport-board, and no 
allowance to be made for any that are put on-board without their consent and order. 

; ’ on 


OF FREIGHT, &c. 


193 


on passing accounts, all to be paid in course of the transport-office. Provided never¬ 
theless, and it is agreed between the said parties, that, upon the Joss of time, breach of 
orders, or neglect of duty, by the said master, being made appear, the said commissi¬ 
oners shall have free liberty, and be permitted, to mulct, or make such abatement out 
. of the freight and pay of the said ship or vessel, as shall be by them adjudged fit and 
reasonable. And it is farther covenanted and agreed, that, if the said ship or vessel 
shall happen to be burnt, sunk, or taken by the enemy, in and during the aforesaid 
service, and it shall appear, to a court-martial, that the same did not proceed through 
any fault, neglect, or otherwise, in the master or ship’s company, and that they made 
the utmost defence they were able, the value of her shall be paid for by his Majesty, 
according to an appraisement to be made thereof, on oath, by such persons as the said 
commissioners shall appoint, reasonable wear and tear first deducted. And, lastly, it is 
declared and agreed, that the officers shall be accommodated with the great cabin, and 
other cabins of the ship, except the cabin which the agent for transports on-hoard may 
reserve for himself, and also a proper cabin for the master, and a small one for the mate : 
and that the gun-room, forecastle, and steerage, or such part thereof as shall be necessa¬ 
ry, be reserved for lodging the seamen. 

To the true performance and keeping all and every the covenants, conditions, and 
agreements, above-mentioned, on the part and behalf of the said to be kept, 

done, and performed, he the said bindeth himself, his heirs, executors, 

and administrators, and the said ship or vessel, with her tackle, apparel, ammunition, 
freight, and furniture, unto the said commissioners, for and on behalfofhis majesty, 
in the penalty or sum of five hundred pounds of lawful money of Great Britain, to be 
recovered and paid by these presents. In witness whereof, he the said 
hath set his hand and seal to one part hereof: and to the 'other part hereof, the said com¬ 
missioners, for and on his Majesty’s behalf, have figned their names, and caused the 
seal of the transport-office to be affixed, the day and year above-written. 

Entered into pay the 

Signed, sealed, and delivered, (being first duly stamped,) in the presence of 

For the guidance of the master of the vessel, thus hired, the trails* 
port-board issues to him directions for his conduct; furnishing him with 
blank forms for keeping his accounts of hammocks supplied the troops, 
the provisions served out to them, &c. And, wherever the service is 
of a particular nature, the master resorts to the agent for transports 
named in his instructions. 

Upon a branch of commerce so limited and partial as this, we con¬ 
ceive nothing more is necessary to be added in a work of this nature. 

The great variety of circumstances occasioned by different voyages 
naturally produce a correspondent diversity in charter-parties, all the 
different forms of which it would be impracticable and unnecessary to 
introduce here, as the preceding may be varied to suit any purpose. 

Bills of Lading. 

A bill of lading. — A bill of lading is a writing wherein masters of 
ships acknowledge the receipt of goods on-board, and oblige them¬ 
selves to deliver the same in good order and condition at the place 
where they were consigned to. There must always be three made out, 
and in England they are to be on stamped paper,-otherwise they are 
invalid; of which one should be remitted, by the first post after sign¬ 
ing, to the person the goods go to; another be sent him by the ship ; 
and the third remain with the shipper: besides which, a fourth should 
be made out, on an unstamped paper> to be given to the master for his 
government. 


The Form of a Bill of Lading . 

W. B. Hipped, in good order, by A.B. merchant, in and upoh the good ship 
•f?. i a io. O called whereof C.D. is master, now riding at anchor 

in the river Thames, and bound for Alicant, in Spain, ten bales, containing 
fifty pieces of broad cloth, marked and numbered as per margin ; and are to 
be delivered in the like good order and condition, at Alicant aforesaid, (tfu 

O dange r 


194. 


OF BALLAST. 


danger of the seas excepted*) unto E.F. merchant, there, or to his assigns, he 
or they paying for the said goods per piece freight, with pri¬ 

mage and average accustomed. In witness whereof, I, the said master of the 
said ship, have affirmed to three bills of lading, of this tenor and date ; the 
one of which bills being accomplished* the other two to lland void. And so 
God send the good fhip to her designed port in safety. Amen. 

Dated at London. 

* Note—This exception has recently been altered by the ship-owners of London, 
and stands thus : <c The act of Cod, the king’s enemies, fire, and all and every other danger: 
** and accidents of the seas , rivers, and navigation, of whatever nature and kind soever , save 
f> risk of boats , so far as ships are liable thereunto, excepted.” 


The difference between a bill of lading and a charter-party is, that 
the first is required and given for a single article or more, laden on¬ 
board a ship that has sundry merchandise shipped for sundry accounts. 
Whereas a charter-party is a contract for the whole ship. Bills of lading 
ought to be signed by the master within twenty-four hours after die deli¬ 
very of the goods on-board. But, upon delivery of the goods, the 
master, or other person officiating for the master in his absence, is to 
give a common receipt for them, which is to be delivered up, upon the 
master signing the bill of lading. 

Upon delivering the goods at the port of destination to the shipper's 
factors or assigns, giving up the bill of lading sent to the factors or 
assigns is a sufficient discharge, but the master may insist on a receipt. 

Demurrage. — Demurrage is an allowance, made to the master of a 
ship by his freighters, for staying longer in a place than the time first 
appointed for his departure, and is generally inserted in the charter- 
party to be paid daily, as it becomes due; the days are always limited, 
so that, on the expiration thereof, and protests duly made, the master 
is at liberty to proceed, as is before-mentioned. 




aat 


CHAPTER XVI. 


OF BALLAST. 


What shall he paid for Ballast. 

B Y the 6 Geo. II. c. 29, (continued by various subsequent acts, till 
24 June, 1805,) all masters of ships, lying in the river Thames, 
shall pay, to the corporation of Trinity-house, for all ballast demanded 
and entered at the ballast-office, the rates following, viz. for every ton 
consisting of twenty hundred weight, carried to any ship employed in 
the coal-trade, I2d. and for every ton carried to any other British ship 
15d. and for every ton carried to any foreign ship 19c?. and the corpo¬ 
ration of Trinity-house shall pay for the raising and carrying every ton 
of ballast 9 d. whereof 6d. shall be paid to the two ballastinen, and 3d. 
for the use of the lighters. §. I. 

Washed ballast. — Nothing in this act shall alter the price of washed 
ballast. §. 2. 

Ballast 




OF BALLAST. 


195 


Ballast short delivered. — If any ballast-man shall deliver any ballast 
which shall fall short of quantity; or shall neglect to deliver to any ship 
such quantity as the rulers of the ballast-office shall by their usual tick¬ 
ets direct; or shall deliver more or other ballast than shall be directed; 
♦ very ballast-man so offending, and oath being made of the fact within 
ten days after the offence, or within ten days after the next return of 
such ship, by the master, or other officer of any such ship, before any 
supervisor or the ballast-office, being an elddr brother, shall, for every 
ton which shall appear to fall short, and for every ton, directed by the 
ballast-rulers, which such ballast-man shall neglect to deliver, and for 
every ton delivered contrary to the direction of the said rulers, forfeit 
2s. 6d. — §. 3. 

Deficient ballast to be made good. — The said master, wardens, and 
assistants, shall make good to the master of such ship the quantity or 
value of the ballast, which shall be found deficient; and, in case such 
recompense shall not be made within ten days after the same shall be 
demanded, the corporation shall forfeit <£5o, Sec. ; which recompense 
the corporation are empowered to stop out of the wages to such ballast- 
men, over and above the penalties.— §. 4. 

Ballast to be delivered to the ship directed. — No person shall oblige any 
ballast-man to deliver ballast, which shall be directed by the rulers of 
the office to be carried to any other ship ; and, if any person shall frau¬ 
dulently receive any greater quantity of ballast than they shall enter and 
pay for at the office, every person so offending, and being thereof con¬ 
victed, upon oath of one witness, before a justice of peace for the city 
of London, or the counties of Middlesex, Essex, Kent, or Surrey, 
within their respective jurisdictions, shall for 'every ton of ballast for¬ 
feit 2s. 6d. — §.5. 

Ballast-men to work for the wages herein-mentioned. — If any ballast- 
man shall refuse to work for the wages herein-mentioned, or, having 
contracted to serve for any term, shall quit such service, or shall depart 
from the service of the corporation, without giving three months notice 
in writing to the supervisors of the ballast-office; or shall refuse to 
work, or shall not work in such stations in the River Thames as the cor¬ 
poration shall appoint, or shall work in any station contrary to the 
orders of the rulers of the office, given in writing, or shall join in any 
combination to raise wages, or obstruct the service of the corporation, 
or the navigation of the river, every person, so offending, and being 
convicted as aforesaid, shall forfeit <£5. — §. 6. 

The tonnage to be marked on each lighter. —The corporation of Tri¬ 
nity-house shall cause marks to be set on tli3 stem and stern of every 
lighter, between e^ery two gauge-marks now placed on the stem ami 
stern, that the tonnage of every such lighter may be distinguished by a 
regular progression of two tons and a half. — §. 7. 

Masters may appoint persons to inspect the lighters. — It shall be lawful 
for masters of ships taking ballast to meet on the square at Billingsgate, 
on the third Monday in June, in every year, and to adjourn as the ma¬ 
jority of them shall think fit, and by writing, under the hands and seals 
of the m >jor part of them, to appoint persons, having been masters or 
mates of ships, to inspect the ballast-lighters, which persons are em¬ 
powered to examine the marks; and, in case such person shall suspect 
that any of the marks have been altered, and shall, at the ballast-office, 
require such lighter to be re-weighed, the corporation shall, within ten 
working-days after such request, cause such lighter to be re weighed: 
and, in case the same shall be found to be of as great tonnage as the 

Q 2 marks 


196 


OF BALLAST. 


marks shall be noted, the charge of such re-weighing shall be paid by 
the persons requiring the same; and, in case such persons shall not pay 
the charge within ten days after such re-weighing, they shall forfeit 
£5 : but, if such lighter shall be found of less tonnage than the marks 
denote, the charge of such re-weighing shall be borne by the corpo¬ 
ration, who shall cause the marks on the stem and stern of such lighter 
to be placed in such manner as to denote the true tonnage; and, in 
case the corporation shall neglect to have such lighter re-weighed, or to 
mark the same according to this act, the corporation shall forfeit £50 , 
&c. §. 8.^—No more than two lighters shall be required to be re¬ 
weighed S any one week.—§. 9. 

Masters may inspect the marks, SfC. — It shall be lawful for any master 
of a ship to appoint two persons belonging to such ship (whereof the 
mate to be one) to go on-board any lighter, bringing ballast to such 
ship, to inspect the marks, before and after the delivery of such ballast; 
and every ballast-man shall immediately, before the delivery of ballast 
to any ship, trim such lighter so as to make the same swim, at equal 
marks, at the stem and stern, and pump all the water out; and, if any 
person, working on-board such lighter, shall hinder any person so ap¬ 
pointed from going on-board such lighter, or shall begin to deliver the 
ballast before such lighter shall be trimmed to swim at equal marks, and 
the water pumped out, every person so offending shall forfeit 
£5 .—§. 10. 

Penalties for altering marks. — If any ballast-man shall work or deli¬ 
ver ballast in an}/ lighter not weighed, marked, numbered, and allowed, 
by the corporation ; or shall alter or counterfeit the gauge-mark, or the 
number of such lighter.; he shall forfeit £10 .—§. 11. 

Ballast-men not to demand money .— If any ballast-man shall demand, 
and receive, from any master or officer of any ship, any money on ac¬ 
count of ballast, on the delivery of the same, he shall forfeit 40$.—§.12. 

Ballast-men subject to the regulations, fyc. —- The ballast-men employed 
in the service of the corporation shall be subject to the regulations of 
the corporation, provided such regulations do not extend to the lower¬ 
ing the wages.—§.13. 

What may be carried as ballast. — It shall be lawful for any master of a 
ship to carry as ballast, from London, or any part of the river Thames, 
any dung, chalk, soap-ashes, flints, clay, or other goods, now claimed 
to be furnished as ballast, subject to the restriction herein-after men¬ 
tioned.—§. 14. 

Entry must be made at the ballast-office. — The master of every such 
ship shall first make entry at the ballast-office, or with the officer of the 
said corporation, at Gravesend, of the . said goods, and the name of 
such ship, and of the masjter. §. 15. — At the time of such entry, the 
master of such ship shall pay for such license to the corporation Id. for 
every ton of the said goods.—§. 16. 

Penalty for not entering. — If any master of a ship shall put on-board 
any of the.said goods before such entry and payment, or shall ship any 
greater quantity than shall be so entered and paid for, he, on conviction 
before any justice, shall forfeit £5, &c.—§. 17. 

Quantity of dung, 4;c. allowed. — Provided that the whole quantity of 
dung and compost, licensed to be shipped for the use of the coasters 
and colliers, do not exceed three thousand tons in any one year, to com¬ 
mence from the first of June ; and that the -whole quantity of chalk and 
chalk-rubbish does not exceed three thousand tons; and that the quan¬ 
tity of soap-ashes, and all other commodities herein licensed, does not 

exceed 


OF BALLAST. 


197 


exceed two thousand tons, in any one year. §. 18. —All entries of the 
goods so licensed, which shall be shipped in the last seven days in May, 
shall be made at the Trinity-house in London, and not at Gravesend. 
—§. 19. 

Bricks, fyc. may be carried as ballast. — It shall be lawful for any 
master of any ship to carry as ballast, from any part of the river Thames, 
any bricks, tiles, lime, or other merchandisable commodity, without 
paying any thing to the corporation.—§. 20. 

Where ballast is to be throzvn out. —And, as it has been the practice of 
many unthinking masters of vessels, regardless of the public welfare, to 
throw their ballast out any where, to the great detriment of many ports, 
&c. the legislature thought proper to prevent the continuance of so pre¬ 
judicial a custom, by passing the subsequent law; the preamble to 
which sets forth, that masters, and other persons belonging to ships, 
coming into havens, navigable rivers, Szc. do throw out their ballast 
either on the shore or on the side, and below the usual sea-mark, and 
do other annoyance, to the detriment and obstruction of navigation, 
Szc. — For remedy whereof, by 19 Geo. II. it is enacted, that if, after 
June 1, 1746, any master or owner, or any person acting as master of 
any ship or other vessel whatsoever, shall cast, throw out, or unlade, 
or if, after the day aforesaid, there shall be thrown out, &c. of any 
vessel, being within any haven, port, road, channel, or navigable river, 
within England, any ballast, rubbish, gravel, earth, stone, wreck, or 
filth, but only upon the land, where the tide or water never flows or 
runs; any one or more justices for the county or place where or near 
which the offence shall be committed, upon information thereof, shall 
summon, or issue his warrant for bringing, the master or owner of the 
vessel, or other person acting as such, before him ; and, upon appear¬ 
ance or default, shall proceed to examine the matter of fact; and, upon 
proof made thereof, either by confession of the party, or on the view 
of the justice, or on the oath of one or more credible witnesses, (which 
oath the said justice is to administer,) he shall convict the said master, 
&c. and fine him, at his discretion, for every such offence, any sum 
not exceeding £5 , nor under 50 s. Szc; and, for a want of sufficient dis¬ 
tress, the justice is to commit the master, or person acting as such, 
and convicted as aforesaid, to the common goal, or house of correction, 
for the space of two months, or until payment of the penalties. 

What quantity of dung , fyc. may be shipped as ballast in colliers . — By 32 
Geo. II. dung, compost, soil, earth, chalk, rubbish, soap-ashes, soap- 
waste, flints, tobacco-pipe-clay, or other clay, or any other goods, 
claimed to be furnished as ballast by the Trinity-house, (subject never¬ 
theless to the payment of rates and duties, and under the provisoes and 
restrictions afore-mentioned,) may be shipped in colliers or coasters from 
London, or any part of the Thames, so that the same doth not exceed 
3000 tons, over and above 2000 tons, allowed to be shipped by the 
lessees or occupiers of laystalls, on the condition after-mentioned; of 
chalk and chalk-rubbish 3000 tons, and of soap-ashes and ether com¬ 
modities, claimed to be furnished as ballast by the Trinity-house, 2000 
tons.—§. 2. 

Entry to be made at the ballast-office. —Before shipping the ballast 
claimed by the Trinity-house, the master or owner shall make a due 
entry at the ballast-office of the Trinity-house, London, or at the T■ inity- 
house, at Gravesend, (unless the ballast be shipped in the last seven days 
of the month of May, then the entry at London only,) and of the ship’s 

O 3 name 


OF PILOTS and ftLOTAGE. 


1-98 

name, and of the master, and at the same time to pay to the corporation 
Id. a ton for a license.—§. 3. 

Nothing to be shipped without entry. —If any of the commodies be ship¬ 
ped before entry, or any greater quantity shipped than entered, to 
forfeit £5. —§. 4.—Bricks, tiles, lime, or merchantable commodities, to 
be shipped without paying for license.— §. ,5. 

Lighters, fyc. to be neighed. —All lighters and other vessels, employed 
for carrying dung, &c. on-board any ship or vessel, to be first weighed, 
marked, and numbered, by any officer of the Trinity-house, on the pe¬ 
nalty of £5, and a gauge-mark of the number and tonnage of the vessel 
painted on the stem and stern of the vessel: if removed, to forfeit £5. 

—§• 6 . 

Removing the gauge-mark. —If the gauge-mark has been removed, al¬ 
tered, or changed, the corporation may re-weigh the lighter; and, if the 
tonnage is more than marked, the owner to forfeit £b. —§. 7. 

Lighters , fyc. to be furnished on three days notice. The Trinity-compa¬ 
ny to find lighters to take ballast from ships, within three days after 
notice from the master, unless frosty or tempestuous weather, on for¬ 
feiture of £50 .—§. 8. 

Price of lighterage. —The owner or master to pay 6d. per ton to the 
company for lighterage. — § 9. 

Penalty for unloading ballast improperly .■—The master to forfeited 
for unloading any ballast below high-water mark; and 40$. to be paid 
by any person throwing any dirt, rubbish, ashes, &c. from any wharf, | 
key, or bank, or from an} barge or lighter.— §. 10, 11. 


CHAP. XVII. 


Of Pilots and Pilotage. 


rrUE pilot 1 s duty. — The business of a pilot is to conduct any vessel 
or ship into a road or harbour, over bars or sands, or through intri¬ 
cate and dangerous channels, being occasionally called in to the master’s 
assistance when sailing as above, or by unknown shores, and diffident 
of his own skill and judgement; though in many parts, where the ap¬ 
proach or entrance to harbours, &c. are hazardous and difficult, the 
taking a pilot is not a voluntary act, but obligatory on the master; other¬ 
wise, in case of a loss, he must make it good ; and the following laws 
are now in force concerning them in England. After a pilot is taken 
on-board, the master has no longer any command of the ship till she is 
safe in harbour; but then the master resumes the government of the 
same, and is to see her bed and lying; the pilot being no longer liable, 
though for his own convenience he may still be on-board. The same 
rule holds good, it a pilot goes on-board only to conduct a ship through 
some dangerous place, as for instance, Yarmouth-roads: after passing 
them, the master must resume the command, and the pilot is no longer 
responsible. Yet it may happen that the pilot shall continue on-board 
for the remainder of the voyage : for example, he may want to go to 
•Newcastle; but he is only to be considered as a common passenger, 
after he has conducted the ship through the hazardous passage, for 

which 









OF PILOTS and PILOTAGE. 


199 


which purpose he came on-board; neither can he charge any wages, 
salary, or tee, though he should keep the helm during the whole voy¬ 
age, except for the duty done in passing the roads* 

Masters must take pilots when in danger . — If a master of a ship finds 
himself in tempestuous weather, in any reputed dangerous place, usually 
denominated pilot’* water, and a pilot offers to come on-board, which 
offer he refuses to accept, the master in such cases is liable to his own* 
ners, freighters, or insurers, for the damage or loss of ship and cargo, 
if either happen in his attempting a passage without a pilot. 

Masters of colliers. — The master of an English collier is held by the 
Flemings and the Dutch to be a pilot sufficient to conduct his ship from 
Newcastle to their ports; accordingly, in the case of a ship freighted 
at Shields by a Flemish merchant at Oster.d with coals for that port, he 
refused to allow the charge of a pilot: the affair was referred to arbi¬ 
tration, the British vice-consul, Mortimer, being one of the arbitrators; 
when it appeared that the ship was driven by stress of weather into 
Yarmouth-roads, which are pilot*s water, and a pilot offering his service, 
he accepted him. Had he done otherwise, he would have been an¬ 
swerable to the ow ners for the ship if it had been lost, and to the 
freighter for his coals; it was therefore decided, that the freighter was 
bound to allow the pilotage. Pilotage is allowed in most charter-parties, 
but not for those made for colliers in England. 

Penalty on pilots not regularly examined. — If any person shall take 
upon him to conduct or pilot any ship by or from Dover, Deal, or the 
Isle of Thanet, to any place on the river Thames or Medway, before 
he has been examined by the master and wardens of the society or 
fellowship of pilots of the Trinity-House of Dover, Deal, and the Isle 
of Thanet, touching his ability, and approved and admitted into the 
said society, at a court of loadmanage, by the lord warden of the 
Cinque Ports, or his deputy, and the master and wardens; such person, 
for the first offence, shall forfeit 10/. for the second 20/. and for every 
other offence 40/. &c. 3 Geo. I. c. 13,—§. 1. 

Masters or mates may pilot their own ships in certain cases. —This act 
shall not prevent the master or mate of any ship, or part-owner, residing 
at Dover, Deal, or the Isle of Thanet, from piloting his own ship; nor 
subject any person to the penalties who shall be hired by any master to 
pilot his vessel; provided none of the society, within one hour after the 
ship shall arrive at any of the said places, be ready to pilot the same. 
—§• 2 . 

Masters may choose their pilot. — Masters of merchant-ships may make 
choice of such pilot of the society as they shall think fit; and no person 
shall continue in the society who shall not pilot a ship at least twice in 
one year (unless prevented by sickness) to and from the places above- 
mentioned.—§. 3. 

Bates rf pilotage. —For conducting any ship from Dover, Deal, or 
the Isle of Thanet, to any place on the river Thames and Medway, the 
following, and no greater, prices shall be taken, viz. for every ship 
drawing seven feet water, 31. 10.?. eight feet 4/. nine feet 4/. IQs. ten 
feet 51. eleven feet 5l. 10?. twelve feet 67. thirteen feet 61. 10.?. fourteen 
feet 7/. fifteen feet 7/. 10.?. sixteen feet 8/. seventeen feet 8/. 10.?. and 
no allowance to be made for odd inches.—§. 4. 

Negligence of pilots. — If any pilot shall negligently lose the ship under 
his care, and be thereof convicted, he shall for ever be incapacitated 
for acting as a pilot; and the number of such pilots shall not be less 
than a hundred and twenty, whose names, age:, and places ot abode, 

O 4 shall, 


200 


OF PILOTS and PILOTAGE. 


.shall, every 25th of March, be affixed in some public place in the cus¬ 
tom-houses at London and Dover; and, for not returning such list, the 
master and wardens of the society shall forfeit 10/. &c.—§ 5. 

Ships in distress .—This act shall not hinder any person from assist¬ 
ing a ship in distress.—§ 7. 

Oath of the examiners of pilots .—The master and such two wardens of 
the society as shall be. appointed to examine any person, on his being 
admitted a pilot, shall take the following oath, to be given by the regis¬ 
ter of the court of load manage, viz.—§, 8. 

T A.B. do swear, that I will impartially examine, and inquire into the 
^ 9 capacity and skill of, in the art of pilotage over 

the plats, and round the Long-Sand-head, and the coasts of Flanders and 
Holland, and will make true and speedy return thereof to the lord-warden of 
the Cinque Ports, for the time being, or his deputy, without favour, affection, 
fee, or reward . 

So help me God. 

This act not to affect the corporation of the Trinity-House. —This act 
shall not extend to the taking away any liberties vested in the corporation 
of the Trinity-House of Deptford-Strond.-—§. 9* 

Lord-warden of the Cinque Ports may make regulations, fyc. —The lord- 
warden of the Cinque Ports, or his deputy, with the assent of the com¬ 
missioners of loadmanage, and of the master and wardens of the society 
of pilots of the Trinity-House of the Cinque Ports, at a court of load¬ 
manage, may, during the continuance of 3 Geo. I. c. 13, make rules 
and orders for the better government and regulation of the pilots resi¬ 
ding at Dover, Deal, and the Isle of Thanet, and may order a sufficient 
number of them, not less than eighteen, to ply. constantly at sea, to be 
ready to conduct ships up the rivers of Thames and Medway; and the 
lord-warden, &c. at a court of loadmanage, may suspend or deprive any 
of the said pilots for breaking the said rules - or orders ; and, if any pilot, 
during such suspension or deprivation, shall take upon himself to conduct^ 
any ship by or frbm Dover, Deal, or the Isle of Thanet, to any place 
upon the river Thames or Medway, he shall be liable to all penalties 
provided by the said act against such persons as shall conduct ships from 
and to the places aforesaid, without being first examined and approved 
of by the master and wardens of the said society.—7 Geo. I. c. 2,, §.14. 
^ Penalty on unlicensed pilots. — If an person * shall take the charge of 
any ship as pilot, down the river of Thames, or through the North 
Channel, to or by Orfordness, or round the Long-Sand-head, into the 
Downs, or down the South Channel into the Downs, or from or by 
Orfordness upon the North Channel, or the river Medway, other than 
such as should be licensed to act as a pilot, by the master, wardens, and 
assistants, of the Trinity-House of Deptford-Strond, under the common 
seal of the corporation; every person so offending, and being convicted 
before two justices of the peace for the city of London, or the counties 
of Middlesex, Essex, Kent, or Surrey, shall, for every offence, forfeit 20/. 
provided that nothing in this act shall extend to the obliging any master 
of any ship in the coal-trade or coasting-trade to employ a pilot. — 
5 Geo. II. c. 20, §. 1. 

* This clause, which inflicts a penalty of zol. on persons piloting ships down the 
liver Thames, See. only extends to vessels sailing on foreign voyages, and not to 
those which, having performed their voyages, are steered from one wharf to another on 
the river for the purpose of unloading their cargoes. R. v. Lambe, Mich, i Geo. III. e. 
Term Rep. p. 76 . 


Pilots 


OF PILOTS and PILOTAGE. 


201 


Pilots sbject to proper regulations. —The pilots already admitted by 
the said corporation shall be subject to the regulations of the corpora* 
tion, provided the regulations do not relate to the pilots keeping of turns, 
or to the setting the rates of pilotage; and shall pay the antient dues, 
provided the same do not exceed one shilling in the pound, out of their 
pilotage, for the use of the poor of the corporation, within ten days after 
the service of such pilots shall be ended.—§. 8. 

Pilots refusing the charge '■of his majesty’s ships. — In case such pilots 
shall refuse to take the charge of any of his majesty’s ships, when ap¬ 
pointed thereto by the said corporation, or shall have misbehaved them¬ 
selves in the conduct of any ships, or in any other part of their duty ; or 
if pilots shall refuse to obey any summons of the corporation, or such 
orders as the corporation shall make in the premises; the general court 
of the said corporation, upon examination thereof, are required to recall 
the warrants granted to such pilots; and, if such persons shall (after no¬ 
tice given by the clerk of the said corporation to them in person, or left 
at their place of abode) act as pilots within the limits aforementioned, 
they shail be subject to all the penalties inflicted on unlicensed pilots. 

This act not to extend to certain places. — Nothing in this act shall ex¬ 
tend to the impeaching of any privileges enjoyed by the pilots of the 
Trinity-House of Kingston-upon-Hull, or the Trinity-House of New¬ 
castle-upon-Tyne. §.11. This act shall not extend to the impeaching 
any of the franchises, nor to take away the sole right of piloting mer¬ 
chant-ships from or by Dover, Deal, or the Isle of Thanet, upon the 
river Thames or Medway, granted to the society and fellowship of the 
master, ardens, and pilots, of the Trinity-House of Dover, Deal, and 
fhe Isle of Thanet, by 3 Geo. I. c. 13, §. 12. 

Masters are pilots in the royal navy.--In the royal navy, the masters 
are the pilots ; they have the charge of the ships during the whole voy¬ 
age. The captain directs where he would have the ship conducted to, 
and takes care, of himself, and with the assistance of his lieutenants and 
other officers, to make the mariners obey the master, but he has nothing 
to do with the steerage. He is responsible for the loss of the ship in 
battle, or if he gives the master orders to lay her in a place of danger, 
contrary to the masters advice; but, where no such event happens, the 
master is to account for the loss of the ship by the dangers of the sea. 
-§. 13. 

Abstract of an Act for the better regulation and Encouragement of Pilots for 

the conducting of Ships and Vessels into or out of the Port of Liverpool. 

37 Geo. ill. c. 7 8. 

The 9 first sections of this act repeal the former act of 6 Geo. III. * 
gnd constitute a new corporation for the regulation and licensing of pi¬ 
lots in the port of Liverpool 

10. Committee to license pilots. —The committee appointed in pursu¬ 
ance of this act, or any five or more of them, are to examine any person 
who shall offer himself to be admitted as a pilot within the port of 
Liverpool, as well by the examination of witnesses upon oath, as by such 
other ways as shall seem proper; and, if approved of, he shall receive 
a licence, containing his name, age, stature, complexion, and place of 
abode, and certifying that he is duly qualified to act as a pilot to conduct 
vessels into and out of the said port of Liverpool, amd from thenceforth 
such person shall be deemed duly qualified to exercise the occupation 
of a pilot within the port of Liverpool aforesaid. 


II. To 


202 


OF PILOTS and PILOTAGE. 


11. To par; fof- the license. — Every person who shall, upon hfs first 
admission as a pilot, after the passing of this act, receive such license, 
shall lor the first license pay the sum of six pounds six shillings, and for 
every license which shall be afterward granted to any person to whom 
a license had before been granted, the sum of three pounds and three 
shillings, and no such license shall continue in force for any longer time 
than one year from the date thereof. 

12. Acting aitkout license. — Persons acting without a license forfeit 
20/. for every offence. 

13. Pilots misbehaving. — In case any such licensed pilot shall refuse 
to take charge of any of his Majesty^s ships, or any ship or vessel in the 
merchant-service, upon a proper signal being made, or a gun or guns 
fired by any ship or vessel inward bound, or at the rc*quest of the mast¬ 
er, commander, owner, agent, or consignee, of any ship or vessel out¬ 
ward-bound, or in case it shall appear to the committee that such pilot 
shall have misbehaved himself in the execution of any part of his duty 
as a pilot, or if he refuse to obey any summons or orders of such com¬ 
mittee, or shall in any wise offend against this act, then such committee 
are to recall the license granted to such pilot, and to declare the same 
to be thenceforth utterly void. 

14. Prices for piloting British ships. —That no greater rates shall be 
demanded or taken.than the following, viz. For piloting any merchant- 
ship or vessel into the said port of Liverpool, not less than 6s. nor more 
than 9s. for every foot of water such vessel shall draw, and so in pro¬ 
portion fqr every half foot of water; and for piloting any such ship or 
vessel out of the said port not less than 3s. and not more than 5s. for eve¬ 
ry foot of water, and so in proportion for every half foot of water; but 
no allowance shall be made lor any draught of water above or under 
half a foot. 

15. Less prices, if aitldn a certain distance. — In case any such ship or 
vessel bound to Liverpool shall not be piloted from the distance of the 
Great Orra'.head on the coast of Wales, then not less than 5s. nor more 
than S s. per toot for every foot of water shall be demanded or paid for 
such pilotage, and so in proportion for every half foot of water; but no 
allowance shall be made lor any draught of water above or under half 
a foot. 

16. Coasting veskh. — Every master or commander of any ship or 
vessel in the coasting-trade, including such as trade to or from Ireland, 
the islands of Faro or Fero, Guernsey, Jersey, Alderney, Sark, or Man, 
which shall be piloted into or out of the said port, shall pay one half 
only of the said respective rates or prices for such respective pilotage. 

17. What to be deemed coasting-vessels. —No ship or vessel whatsoever 
shall be deemed to be a coasting-vessel, for the purposes of this act, 
which shall not sail from Liverpool on a coasting-voyage, or which 
shall not have been really and bona fide employed in the coasting-trade 
for six months, previous to the time of claiming exemption from the 
higher rates. 

18. Not to pay for less than a certain draught of aater .—But no master 
or commander of any ship or vessel whatsoever, including such as trade 
to or from Ireland, the Islands of Faro or Fero, Guernsey, Jersey, Al¬ 
derney, Saik, and Man, whether coastwise or otherwise, piloted into 
or out of Liverpool by any of the pilots aforesaid, shall pay less than fpr 
eight feet draught of water; but, if they shall draw more than eight 
feet draught of water, the overplus shall be paid for according to the 
rates aforesaid. 


19. Prices 


OF PILOTS and PILOTAGE. 


205 


19. Trices for piloting; aliens’ ships.. —The following, and no greater, 
prices, for the piloting of any alien ship or vessel into u; out oi the aid 
port, shall be demanded and taken; that i~ to ^ay, for piloting any licit 
ship or vessel into the said port, not less than 9s. nor more man 12*. 
for every loot of water, and so in proportion !or every haif foot o’i e ater; 
but no allowance made lor any draught ot water above or under half 
afoot; and for piloting any such alien ship oi vessel out of the said 
port of Liverpool, not less than 6s. nor more than 8*. for every toot of 
Water, and so in proportion tor every hair loot ot water; but no allow¬ 
ance is to be made lor any draught of water above or under half a foot. 

20. Less prices for piloting alien ships , if not piloted from a certain dis¬ 
tance. —In case any such alien ship or vessel shall not be piloted from the 
distance of the Great Ormshead on the coast of Wales, then not less 
than 8*. nor more than 11*. for every foot ot' water shall be demanded 
or paid for such pilotage, and so in proportion for every half foot of 
water, but no. allowance made for any draught of water above or under 
half a foot. 

21. The commissioners are empowered to regulate the prices of pilot¬ 
age, according to the season of the year, provided they are not lower 
than the preceding rates. 

22. Half-pihtagc. —If any ship or vessel inward-bound, not having 
met with a pilot before the house (at present being the only house) on 
Great Helbro Island, shall bear south-south-west by the compass, or 
shall be piloted from the road of Hoylake only, nor more than one half 
of the rates or prices for piloting such ship or vessel inward-bound from 
any point short of the distance of the Great Ormshead on the coast of 
Wales, hereby directed to be taken, shall be demanded or paid. 

23. Committee in certain eases to settle the pilotage. — It none of the 
pilots as aforesaid shall board or offer his service before such ship or 
vessel shall have passed the Brazil Buoy in the Rock-Channel, or the 
Middle Patch Buoy in Formby-Channel, then the pilotage for conduct¬ 
ing such ship or vessel into Liverpool shall be fixed at the discretion of 
the committee at their next meeting 

24. Masters of vessels refusing to take pilots. — In case any master or 
commander of any ship or vessel inward bound shall refuse to take on¬ 
board a licensed pilot who shall offer his service, (except such as shall 
be in ballast in the coasting-trade, or be under the burthen of one hun¬ 
dred tons,) such master or commander shall pay to the phot who first or 
who only shall offer his service as aforesaid, the full pilotage, according 
to the different rates and prices before-directed, as if the said pilot had 
piloted such ship or vessel into Liverpool. 

25. Pilots leading the ivay in any vessel. —In case any vessel shall be 
in want of a pilot, and none can be procured, and there shall be any 
pilot on-board any other vessel going into or coming out of the port of 
Liverpool, such pilot on-board any such other vessel may lead the way 
for and conduct the ship or vessel so in want of a pilot; and the master 
or commander of every such'ship or vessel, so piloted by any pilot 
leading the way in such other vessel, shall be subject and liable to the 
same rates of pilotage as if the pilot had actually been on-board of such 
ship or vessel; and such pilotage shall be applied to the stock of the 
boat to which such pilot shall belong. 

26. Assisting distressed ships. — In case any ship or vessel shall be met 

with in distress by any licensed pilot, and shall stand in need of any ex¬ 
traordinary assistance of the crew or boat, then the compensation to be 
made shall be settled, according to the circumstances ot the case, by the 
committee at their next meeting. 27. Pilots 


OF PILOTS and PILOTAGE. 


204 

27. Pilots refusing. —If any such licensed pilot, after being personally 
required, or after a proper signal made, shall refuse to take the charge 
of any ship or vessel,*or, in case such ship or vessel cannot be boarded 
without imminent danger, shall refuse to lead the way in his boat, or 
shall refuse such extraordinary assistance as aforesaid, to any ship or 
vessel in distress, such pilot shall, for each offence, forfeit any sum not 
exceeding 10/. and be deprived of his license. 

28. Vessels forced brick. —As sometimes ships or vessels outward- 
bound are forced back by storm or otherwise, before such pilots have 
left and parted with suc h ships and vessels, the said committee, at any 
of their meetings, shall fix and determine an additional compensation 
for the same, provided that he do not exceed a moiety of the rates. 

29. Vessels forced back. —In case any ship or vessel, which hath been 
piloted out, shall afterwards be forced back by storm or otherwise, 
after having parted with such pilot, and shall be conducted by such 
master or commander into the road of Hoy lake, and such master or com¬ 
mander shall afterwards employ any of the licensed pilots to conduct 
such ship or vessel out of the said road of Hoylake to sea, then one 
half of the full sum shall be paid for such pilotage. 

30. Distances to which vessels are to be piloted out. — Every licensed 
pilot of any ship or vessel, sailing out of Liverpool through Formby-Chan- 
nel, shall pilot such ship or vessel so far to the westward as the buoy called 
the North-West Buoy; and, if such ship or vessel shall be piloted out 
through the Rock-Channel, such pilot shall pilot the same so far to the 
westward as the north-west buoy of Hoyle, if the captain or commander 
of such ship or vessel shall require it; and, upon refusal, such pilot shall 
not be entitled to any pilotage, and shall be deprived of his licence. 

31. Places to which vessels are to be piloted inwards. — Every licensed 
pilot, who shall pilot any ship or vessel into the said port of Liverpool, 
shall take care (if need be) to cause such ship or vessel to be properly 
moored at anchor in the river Mersey, and afterwards to conduct such 
ship or vessel into one of the wet docks within the said port; but, in 
case such attendance shall be required during such ship or vessel being 
at anchor in the river Mersey, and before she is docked, five shillings 
per day shall be paid as herein-after provided. 

32. When masters may pilot their ozvn vessels, —The master or com¬ 
mander of any ship or vessel in ballast, in the coasting-trade, or any 
ship or vessel being under the burthen of one hundred tons, by the 
certificate of registry in the coasting-trade, may pilot his said ship or 
vessel into or out of Liverpool, and any person or persons may assist 
ships in distress. 

33. Masters giving false accounts of draught.-— The master or com¬ 
mander of every ship or vessel, so to be piloted into or out of Liverpool, 
shall give a true account, to the pilot employed, of her draught of water ; 
and, in case the pilot shall suspect the truth of such declaration, he is 
authorised to admeasure her; and if, on such admeasurement, it shall 
appear that such master or commander gave a false account, wilfully and 
fraudulently, he shall not only forfeit a sum equal to double the amount 
of pilotage, but also all the expenses of the admeasurement, and be sub¬ 
ject to a fine at the discretion „of the committee, not exceeding ten. 
pounds nor less than two pounds, together with all expenses. 

34. 35, and 36. Pilots attending daily. —If the owner, master, or com¬ 
mander, of any ship or vessel shall require the attendance of a licensed 
pilot on-board during her riding at anchor, or being at Hoylake,, or in 
the river Mersey, such pilot shall be paid for every day he so attends 

5s, 


OF PILOTS and PILOTAGE. 


20 5 

5s. and no more: if he shall not be employed the whole day, but be dis¬ 
missed in less time than a day ; he shall be paid 5s. for his attendance ; 
and pilots shall be paid for every day of their attendance whilst in the 
river, except the day ol going to sea with ships outward-bound, and the 
day of returning from sea, and the day of docking, for such as shall be 
inward-bound. 

37. Masters outward-bound refusing to take pilots. —In case the master 
or commander of any ship or vessel, outward-bound, (except in ballast 
in the coasting-trade, or under the burthen of one hundred tons,) who shall 
proceed to sea, and refuse to employ a licensed pilot, such master or 
commander, agent or consignee, of such ship or vessel, shall pay to the 
pilot, who first or who only shall offer his service as aforesaid, and be so 
refused, the full pilotage. 

38, 39. Persons liable to pilotage. —Every person taking or appearing 
to take upon himself the charge, agency, or consignment, of any ship 
or ships, vessel or vessels, so charged or chargeable with the said re¬ 
spective rates for pilotage and extra-attendances outward-bound, shall 
be accountable for such rates of pilotage, as shall be so due for such 
pilotage outward, according to the rates or price aforesaid; and the 
same shall and may be levied by distress and sale, after the expiration 
of three days from the day on which such pilotage shall have been 
demanded. 

40. Penalty on masters forcibly taking away pilots. — As it has some¬ 
times happened that pilots have been forcibly carried to sea beyond the 
limits for pilotage herein prescribed, if any master of a ship or vessel 
forcibly carry away any such pilot, he shall forfeit and pay a sum not 
exceeding 20/. nor less than 51. at the discretion of the committee; and 
the owner, agent, or consignee, as aforesaid, shall be liable to make rea¬ 
sonable compensation to such pilot or pilots, according to the discretion 
of the committee. 

The subsequent sections of thi3 act relate to the accounts of the cor¬ 
poration, their power to make bye-laws, &c. and not to the general 
interests of the ship-owners and masters. 


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MARINE INSURANCES. 


510 


CHAP. XVIII. 


Of Marine Insurances. 


I NSURANCE'^ a contract by which the insurer undertakes, in con¬ 
sideration of a premium equivalent to the hazard run, to indemnify 
the person insured against certain perils and losses, or against some par¬ 
ticular event. All insurances, whether agaimt fire or on lives, fall 
within this general description ; but the subject meant to be considered 
here is that of MARINE INSURANCES. From this definition it 
appeals to be a contract of indemnity against those perils to which ships 
and goods are exposed in the course of their voyage from one place to 
another. 

The origin of insurance has occasioned much doubt among the writers 
upon mercantile law. Indeed, it is inyolved in so much obscurity, that, 
after all the researches which have been made, any very satisfactory solu¬ 
tion of this doubt cannot be promised. One truth, however, is clear, 
that, wherever commerce extended its influence, insurance must have 
soon followed as a necessary attendant, it being impossible to carry on 
any very extensive trade without it, especially in the time of war. Some 
writers have ascribed the origin of this contract to Claudius Caesar, the 
fifth Roman emperor. Other respectable authorities have given the 
honour of it to the Rhodians, thus laying a foundation for the idea that 
the law of insurance had obtained a place in most of the antient codes 
of jurisprudence. The minute consideration of this question through 
those remote times would be attended with little satisfaction ; the mind, 
perhaps, is more gratified to know, from authentic history, that it was 
introduced into England by the active and industrious Lombards , who 
came hither in the thirteenth century ; and that, whatever might have been 
its imperfect infant state, about the end of the fifteenth century, many 
considerable regulations were made at Barcelona, in Spain, respecting 
marine insurances. The progress which this branch of law made in 
England previously to the time of Lord Mansfield was very slow ; but, 
during the long period that venerable judge presided in the court of 
King’s Bench, its progress towards perfection was equally rapid. 

A complete system cannot be suddenly erected; but it is the boast of 
this age, that in it the great foundations of marine jurisprudence have 
been laid, by clearly developing the principles on which polic ies of in¬ 
surance are founded, and by applying those principles to particular cases. 
In the following treatise we shall endeavour to render the law of it so 
clear as to be a guide to the merchant, owner, freighter, and man of 
business. To effect this, we have divided the subject, and it will be 
discussed in the following order: 

I. The Policy. 

II. The Construction of the Policy. 

III. Perils of the Sea. 

IV. Capture and Detention of Princes. 

V. Barratry of the Master or Mariners, 

VI. Partial Losses and of Adjustments. 

VII. General Average. ^ 

VIII. Salvage. 

IX. Abandonment. 


X. Fraud 


THE POLICY, 


211 


X. Fraud in Policies. 

XI. Sea-Worthiness. 

XII. Illegal Voyages. 

XIII. Prohibited Goods. 

XIV. Wager Policies. 

XV. Re-assurance and Double Assurance. 

XVI. Changing the Ship. 

XVII Deviation. 

XVIII. Non-compliance with Warranties. 

XIX. Return of Premium. 

XX. Bottomry and Respondentia. 

XXI. Forms of Policies on a Ship or Goods, and Form of a Respon* 

dentia-Bond. ' ' 


I. —The Policy. 

The Policy is the instrument by which the contract of indemnity is 
effected between the insurer and insured; and it is signed only by the 
insurer, who is called the underwriter. Of policies there are two kinds, 
valued and open ; and the only difference between them is this, that, in 
the former, goods or property insured are valued at prime-cost, at the 
time of effecting the policy; in the latter, the value is not mentioned, 
but, in case of loss, must be proved. 

Policies of insurance, when once they are underwritten, can, generally 
speaking, never be altered by any authority whatever; because it 
would be an opening to fraud, and would introduce uncertainty into a 
species of contract, of which certainty and precision are the most essen¬ 
tial requisites. It must be observed, however, that cases frequently 
exist, in which a policy, upon proper evidence, may be altered; and, 
after signing, policies are frequently altered by consent of the parties. 

An instance of the former kind of the alteration of the policy occurred 
before Lord Hardvvicke. The insurance was upon the ship five hun¬ 
dred pounds, and the policy stated, that the adventure was to com¬ 
mence immediately Jr am the departure of the ship from Fort St George to 
London. The plaintiff* suggested that the owner had employed a Mr. 
Halhead to insure the ship with the defendants, to commence from her 
arrival at Fort St George; that a label, agreeably to those instructions, 
with all the particulars of the agreement, had been entered into a book, 
and subscribed by Halhead, and two of the directors of the company» 
that, by a mistake, the policy w r as made out different from the label; that, 
the ship being lost in the Bay of’ Bengal, after her arrival at Fort St 
George, but before her departure for England, the company refuse to 
pay; the plaintiff therefore prayed that the mistake might be rectified, 
and that the company might be ordered to pay five hundred pounds 
with interest. His Lordship was of opinion, that the label was 
a memorandum of the agreement, in which the material parts of the 
policy were inserted; that, although the policy, was ambiguous, the 
label made it clear; and, as it was only a misutke of the clerk, it ought 
to be rectified according to the label — Motteuxv. the Governors and 
Company of the London Assurance ; 1 Atkyns, 5 do. 

How far the consent of the parties is necessary may be judged of by 
the following case. The insurance was on a ship and cargo from Liver¬ 
pool to Oporto. The ship sailed, but \vas driven back by contrary 
winds j and, before she could sail again, ap embargo was laid. The 

P 3 insured 


212 


THE POLICY. 


insured applied to the underwriters for leave to put guns on-board, and 
to take out a letter of marque. The underwriters consented to the 
guns for her defence, but refused the letter of marque. Notwithstand¬ 
ing which, a general letter of marque was obtained, and put on-board. 
The ship sailed, and was taken on her voyage out. The jury thought 
that the letter of marque was intended to be used only in the voyage 
home. The court, however, determined that this vacated the policy. 
—Denison v. Modigliani, 5 Term Rep. K. B. 580. * 

A policy of insurance is the property of the insured; and, if it be 
wrongfully withheld, either by his broker or any other person, he may 
recover it by an action of trover.— Harding v. Carter and another : sit¬ 
tings at Guildhall. Easter vacation. 1781. 

Policies of insurance are generally printed, leaving blanks for the in¬ 
sertion of names and all other requisites. It is therefore frequently ne¬ 
cessary to insert written clauses; and these written clauses and condi¬ 
tions, thus inserted, are to be considered as part of the real contract; the 
court will look to them to find out the intention of the parties, and will 
consequently suffer such conditions to control the printed words. 

We will now proceed to consider. First, what persons may be the 
insurers: Secondly, what things may be insured : Thirdly, what the re¬ 
quisites of a policy are. 

1st, What Persons may be Insurers, 

By virtue of the statute of the 6 Geo. I. c. 18, the two offices, under 
the names of the Royal Exchange Assurance-Office, and the London 
Assurance-Office, were created and established by charter of George the 
First, under the great seal of Great Britain, bearing date the twenty-ninth 
of April, in the seventh year of his reign; and they still continue offices 
for insurance of property, within any of his Majesty’s dominions. But 
the business of insurance is not confined to these two societies; for, pri¬ 
vate persons may be insurers, provided they do not insure in co-partner¬ 
ship. It must here be understood, that, although there may be twenty 
names to a policy, it is not one joint contract, but as many separate con¬ 
tracts as there are names subscribed. And therefore any person, since 
this statute, may insure as at the common law, with this single exception, 
that any policy, subscribed by a private firm or partnership, is absolutely 
void. — Sullivan v. Greaves. Sittings after Easter, 1789. 

This doctrine recently received the unanimous confirmation of the 
court of Common Pleas, in which an action was brought (by Mitchell 
and others, assignees of Robertson, a bankrupt, against Cockburn, as- 
signee of Tyler, a bankrupt) for a moiety of losses paid by Robertson, 
who had been in partnership with Tyler for the insurance of ships, but 
which partnership was carried on in the name of Robinson only. Lord 
Chief-Justice Eyre, in delivering his opinion, said, “ This question de¬ 
pends on the 6 Geo. I. cap. 18, s. 12, by which act the two corporations 
became the purchasers of the exclusive privilege of insuring on a joint 
stock; and, to give effect to that privilege, all other persons are prohi¬ 
bited from insuring on a joint stock. Now it appears clearly, that the 
provisions of this act are at an end, if a person, by merely insuring in his 
own name, can have the advantage of a joint capital, which the act 
meant to prohibit. This partnership is therefore contrary to the spirit 
of the act, and also to the letter of it.” The other judges concurring,' 
the plaintiff was non-suited. — 2 H. Blackst. Rep. 379. Subsequent 
cases have been decided conformably hereto. — Booth v. Hodgson, 6 
Term Rep. 405. Associations 



THE POLICY. 


213 


Associations have, however, of late years been entered into by ship¬ 
owners for tiie purpose of mutually Assuring each other’s property : and 
upon these, two cases have been decided. The first was ail action tried 
at the sittings after Mich, term, 1796, before Lord Kenyon. It was on 
two policies of insurance on the Ann and Elizabeth, from Dantzic to 
London. The plaintiff and defendant were members of the “Whitby 
Association,” consisting of a number of persons, owners of ships, each of 
whom, in proportion to his shipping, paid a certain sum which formed 
the stock of ihe society. The policies were signed by all the members. 
All insured for each other, according to the. respective values of their 
ships: and, when any loss happened, the treasurer paid it out of the 
joint stock. The defendant’s share was £ 14; each individual being 
liable only for the sum he had undertaken. Lord Kenyon said, “This 
doe ; not infringe on the act of parliament, as the members of this asso¬ 
ciation have only underwritten in their individual characters: but they 
cannot underwrite for themselves and partners. If all </>f them were 
liable up to the extent of their whole stock, it would be illegal. At pre¬ 
sent the members of this association only stand as individual underwri¬ 
ters for small sums. ” The plaintiff of course recovered. — Harrison v. 
Millar ; 7 Term Rep. 74-0. 

The second case that has arisen upon these associations was an action 
brought (not on a policy of insurance, but) on articles of agreement, 
dated April II, 1787, made between the defendant and certain other 
persons (therein named and described as several owners and part, own¬ 
ers of ships) of the first part, and the plaintiff of the other part; by 
which it was covenanted and agreed, by the parties to the same, seve¬ 
rally and not jointly to insure the ships belonging to the several parties 
from the 1 st of June then next for 21 years, subject to certain condi¬ 
tions and regulations: one of which regulations was, “ that, in case any 
member of the company should become insolvent or unable to pay his 
proportionable part of any loss that might happen, the proportionable 
part of such insolvent member should be made good by the other mem¬ 
bers of the company.” Upon this regulation the court were of opinion, 
that a joint responsibility arose, and that therefore the plaintiff could not 
recover, because it was contrary to the act of parliament just mention¬ 
ed. — Lees v. Smith; 7 Term Rep. 338. 

2 dly, What Things may be insured. 

The most frequent subjects of marine insurance are ships, goods, mer¬ 
chandises, the freight or hire of ships. But although insurances upon 
such property most frequently occur, yet there are cases which can 
hardly fall within any of those descriptions .-—1 Magens, 4. 

Thus bottomry and respondentia are a particular species of property 
which may be the subject of insurance. But then it mu;t be particu¬ 
larly expressed in the policy to be respondentia interest; for, under a 
general insurance on goods, the party insured cannot recover money 
lent on bottomry. Such has been, and is at this day, the established 
usage of merchants. 

This was decided in an action upon a poIicy r of insurance “upon 
goods and merchandises, loaden, or to be loaden, &c,” The evidence 
appeared to be, that, before the signing of the policy, the plaintiff had 
lent Capt. Tryon, upon the goods then loaden and to be loaden on-board 
the said ship, on account of the said Capt. Tryon, the sum of £764< at 
respondentia, for which a bond was executed in the usual form : that the 
ship at the time of the loss had goods and merchandises on-board, the 
property of Captain Tryon, of greater value than all the money he had 

P 3 borrowed 


THE POLICY. 


21 4 

borrowed: that the ship was afterwards burnt, and all the goods and 
merchandises were totally consumed and lost. Upon these facts, the 
question was, whether the plaintiff could recover. This case Wa3 
twice argued at the bar; the cornet took time to consider it, and were 
unanimous in their determination. 

Lord Mansfield, in delivering the judgement of the court, observed 
to this effect I inclined to support this insurance, being convinced 
that it is fair, and that the doubt has arisen by a slip in omitting to 
specify (as it was intended to have been done) that this was a respon¬ 
dentia interest. The ground of supporting this insuranoe, if it could 
have been supported, was a clause of the 19th Geo. II. c. 37, s. 5. 
which, as to the purpose of insurance, considers the borrower as ha¬ 
ving a right to insure only for the surplus value, over and above the 
money he has borrowed at respondentia. Yet we are all satisfied that 
this act of parliament never meant, or intended to make, any alteration 
in the manner of insurances ; its views were, ttf prevent gaming or wa¬ 
gering policies, where the insurer had no interest at ail; and, if the 
lender of money at respondentia were to be at liberty to insure for more 
than his whole interest, it would be a gaming policy ; for, it is obvious, 
that if he could insure all the goods, and insure his respondentia interest 
besides, this would amount to an insurance beyond his whole interest. 

In describing respondents interest, the act gives the lender alone a 
right to make insurance on the money lent: so that the act left it on 
the practice. I have looked into the practice, and I find that bottom¬ 
ry and respondentia are a particular species of insurance in themselves, 
and have taken a particular denomination ; I cannot find even a diction 
in any writer, foreign or domestic, that the respondentia creditors may 
insure upon thegoo^.9, as goods. I find, too, by talking with intelligent 
persons, very conversant in the knowledge and practice of insurances, 
that they always do mention respondentia interest, whenever they mean 
to insure it. It might be greatly inconvenient to introduce a practice 
contrary to general usage , and there may be some opening to fraud if it 
be not specified. The ground of our resolution is, “ T hat it is now 
“"established as the law and practice of merchants, that 1 'espondentia 
ie and bottomry must be specified and mentioned in the policy of 
“insurance.”— Glover v. Black ; 3 Burr. 1394, and 1 Blaekst. Rep. 
405. 

But, though this case is certainly good law, yet it has since been 
ruled, that money expended by the captain for the use of the ship, 
and for which respondentia interest was charged, may be recovered 
under an insurance on goods , specie, and effects, provided the usage of 
the trade, which in matters of insurance is always of great weight, 
sanction it. 

Thus, in an action upon a policy of insurance on goods, specie, and 
effects, of the plaintiff, who was also the captain on board the ship, the 
plaintiff claimed under that insurance, money expended by him in the 
course of the voyage for the use of the ship, and for which he charged 
“ respondentia interest.” Lord Mansfield said, as to whether the words 
“goods, specie, and effects,” extended to this interest, 1 should think 
not, if we were only to consider the words made use of. But here 
there is an express usage, which must govern our decision. A great 
many captains in the East-1 ndia service swear, that this kind of inter¬ 
est is al ways insured in this way, and here the person insured is the 
captain.—Gregory v. Christie , K. B. Trinity Term. 24 Geo. III. 


Insurances 


THE POLICY. 


215 


Insurances upon the wages of seamen are forbidden; ** a regulation 
founded in wisdom and sound policy, (1 Mage'ns 18, 19 :) and, indeed, 
the general policy of the law 7 of this country supports this regulation ; 
for, by 8 Geo. I. c. 24-, §7, “ no master or owner of any merchant 
ship shall pay to any seamen, beyond the seas, any money or effects, 
on arcount / wages', exceeding one moiety of the wages due, at the 
f< time of such payment, till such ship shall return to Great Britain or 
ft Ireland.” By this salutary law, the sailors are interested in the return \ 
of the ship; and they will, on that account, be prevented from desert¬ 
ing it wnen abroad, from leaving it unmanned, and will be more an¬ 
xious for its preservation. This regulation, however, does not mean 
to prevent mariners from insuring those wages which they are entitled 
to receive abroad, or goods which they have purchased with those 
wages in order to bring them home: but, in such a case, they are to 
be considered in the same light with other men. 

It has, however, been determined, that, where the mate of a ship 
or a sailor is to receive something at the end of the voyage, in lieu 
of wages, (as slaves, for instance,) he cannot insure it, any more than he 
could insure wages payable in money.— Webster v. De Tastet ; 7 Term 
Rep. 157. 

It lias long been a question how far insurances upon the ships or 
.goods of enemies are politic; but no doubts were entertained concern¬ 
ing the legality of such insurances in Great Britain, although the question 
remained undecided till very lately. 

It should be observed, that, in the year 174S, a bill was introduced 
into parliament to prohibit such insurances during the then existing w r ar 
with France, and passed into a law. The operation of that act vva9 
limited to the period of that war. The necessity for passing this act 
seemed to warrant the conclusion, that such insurances would have 
been legal, unless so prohibited: accordingly, too, a similar temporary 
act of parliament (33 Geo. III. c. 27, § 4) was passed at the com¬ 
mencement of the last war: but the court of King’s Bench having 
decided, in two very recent cases, against the legality of these insuran¬ 
ces, independently of the acts of parliament, we must now consider 
these insurances upon the property of an open enemy as absolutely 
void. — 6’ Term Rep. 23 and 35. 

3dly, Of the Requisites of a Policy. 

The essentials in a policy of insurance are. First, the name of the 
person for whom the insurance is made: Secondly, the names of the 
subscribers or underwriters, and the sums insured : Thirdly, the names 
of the ship and master: Fourthly, whether they are ships, goods, or 
merchandises, upon which the insurance is made: Fifthly, the name of 
the place where the goods are laden, and whither they are bound: 
Sixthly, the time when the risk begins, and when it ends: Seventhly, 
all the various perils and risks which the insurer takes upon himself: 
Eighthly, the consideration, or premium, paid for the risk or hazard run: 
Ninthly, the month, day, and year, on which the policy is executed: 
Tenthly, the stamps required by act of parliament. 

* In Scotland, however, such insurances *re by no means without, example; and 
have never been the subject of litigation. — Millar’s Law of Insurances. 


216 


MARINE INSURANCES. 


First, Of ihe Names of the Persons insured. 

The stat. of 28 Geo. III. chap. 56, declares, “That it shall not be 
lawful, from and after the passing of that act, for any person or persons 
to make or effect, or cause to be made or effected, any policy of assu¬ 
rance on any ship or vessel, or upon any goods, merchandises, effects, 
or other property, whatsoever, without first inserting, or causing to be 
inserted, in such policy, the name or names, or the usual style and firm 
of dealing, of one or more of the persons interested in such insurance ; 
or without, instead thereof, first inserting the name or names of the 
usual style and firm of dealing of the consignor or consignors, consignee 
oh consignees, of the goods and property so to be insured; or the name 
or names, or the usual style and firm of dealing, of the person or persons, 
residing in Great Britain, who shall receive the order for and effect 
such policy, or of the person or persons who shall give the order or 
directions to the agent or agents immediately employed to negotiate or 
effect such policy. The statute farther declares, that every policy made 
or underwrote contrary, to the true intent and meaning of this act shall 
be null and void to all intents and purposes.” 

Upon this act it has been decided, that it is not necessary, where a 
policy is effected by an agent, to add the word agent, or any other de¬ 
scription, to his name, in the policy itself: and it has also been decided, 
that a policy effected by a broker, describing himself thereon as agent, 
is a sufficient compliance with the act of parliament.— Devigniez v. Szvan- 
stin, K.B. Michs. 39 Geo. 3.— Bell v. Gibson ; Bosanquet and Pull&r’s 
Rep. 1 vol. 345. 

Vi 

Secondly, The Names of the Subscribers or Underwriters, and the Sums 
another time insured. 

This indeed was always a requisite ; as, without it, there would be 
no insurer. The act of 35 Geo. III. c. 63. § 11. declares, that policies 
wanting this arc null arid void. 

Thirdly, Of the Names of the Ship and Master. 

It seems to be necessary, by the law and usage of merchants, to 
insert the names of the ship and master, in order to ascertain the bottorii 
upon which the adventure is to be' made, and the captain by whose 
direction the ship is to be navigated. Sometimes, however, there are 
insurances generally, “ upon any ship or ships,” expected from a par¬ 
ticular place: and, although it is more accurate to insert the name of 
the captain, it is not certain that the insurance w r ould be void, if a 
different captain from that mentioned in the policy came, into the ship ; 
especially as the policy always contains the words — “or whosoever 
eke-shall go fo^ master in the said ship.” 

With respect to insurances. 'upon any ship or ships, it has been recent- 
ly determined, that they are not only legal and valid, but that the 
assured has a right to cover, by such policy, whatever ship he thought 
proper that fell wfithiii the terms of it. — Kevdey v. Ryan , 2 H. Black st. 
Rep. 343. 


l 


Fourthly, 


THE POLICY. 


217 


Fourthly, Whether they are Ships, Goods, or Merchandises, upon which the 
Insurance is made . 


It is absolutely necessary that there should be a specification upon 
which of these the underwriter insures. But it is another question, 
whether, in policies upon goods, it be necessary to declare the particu¬ 
lars. The practice is very unsettled ; in the opinion, however, of very 
respectable merchants, the particulars of goods should be specified, 
if possible, by their marks, numbers, and packages, and not under the 
general denomination of merchandise, (1 Magens 8.) When goods are 
corning from abroad, it is better to insure under general expressions. 
On account of the various casualties which may happen to obstruct the 
purchase of the commodities intended to be sent. 

There are certain kinds of merchandise which are of a perishable 
nature, on account of whicji, there is inserted a memorandum at the 
foot of the policy, by which it is declared, that, in insurances upon 
corn, fish, salt, fruit, flour, and seed, the underwriters will not be an¬ 
swerable for any partial loss, but.only for general average, except the 
ship be stranded. That, in insurances on sugar, tobacco, hemp, flax, 
hides, and skins, they consider themselves free from partial losses, not 
amounting to five per cent, and that on all other goods, as well as on 
the ship and freight, if the partial loss be under three pounds per cent: 
unless it arise from a general average, or the stranding of the ship, the 
underwriter considers himself discharged. 

This memorandum was universally used till the year 1754, when a 
special jury, agreeably to the direction of Lord Chief Justice Ryder, 
decided, that a ship having run a-ground was a stranded ship within 
the meaning of the memorandum ; and that, although she got off again, 
the underwriter was liable to an average or partial loss upon damaged 
corn. In consequence of this decision, the two companies before men¬ 
tioned altered the memorandum by striking out the words “ or the ship 
he stranded so that now they are liable to no losses, which can hap¬ 
pen to such commodities, except general averages and total losses : but 
the old form is still retained by private insurers.— Cantillon v. Load. 
Assur. Comp. 3 Burr. 1553. 

There are some kinds of property which do not fall under the gene¬ 
ral denomination of goods in a policy ; and for the loss of which the un¬ 
derwriters are not answerable, unless they are specifically named ; Such 
as goods ladled on deck, the captain’s clothes, and the ship’s provisions. 
A policy on goods means only such goods as are merchantable, and a 
part of the cargo; and, therefore, when goods like the present are 
meant to be insured, they are always insured by name \ and the premium 
is greater.— Ross v. Thwaile; Sitt. after Hilary, 16* Geo. III. 

It is questioned 4 /hether a cargo of dollars or other coin, jewels, &c. 
if lost, be recoverable under a policy upon goods and merchandises gene¬ 
rally. This point has never been discussed in England: but Magens, 
in the Treatise on Insurances, p. 10, states explicitly that gold and silver, 
coined and uncoined, pearls and otherjewels, maybe insured at London 
and Hamburgh, and several other places, under the general expression 
of merchandise. Magens is confirmed by other writers on the subject; 
JRroccus, Not. 17. 


MARINE INSURANCES. 


21*8 

Fifthly, Tin Name of the Place at which the Goods are laden , and to which 

they arc bound . 

This has been always held to be necessary in policies, and must be 
soy on account of the evident uncertainty which would follow from a 
contrary practice, as the insurer would never know what the ri k was 
which he had undertaken to insure; and, therefore, if a ship be in¬ 
sured from London to , a blank being left by the 

lader of the goods to prevent a surprise by an enemy, and if in her 
voyage she happen to be cast away, though there be private instruc¬ 
tions tor her port, yet the insured must sit down with his loss, by reason 
of the uncertainty.—Molloy, b. 2, c. 7. s. 14. 

It is also customary to state in the policy at what port or place the 
ship may touch and stay during the voyage, so that it shall not be con¬ 
sidered as a deviation to go to any of those places. 

Sixthly , The Time when the Bisk commences, and when it ends . 

The English policies expressly declare, that “ the adventure shall 
begin, upon the said goods and merchandise, from the loading thereof 
outboard the said ship, and so thall continue until the said ship, goods, 
and merchandises, shall be arrived at L. and upon the said ship till she 
has moored at anchor twenty-four hours in good safety; and upon the 
goods till the same be there safely discharged and landed.” From these 
words, it is obvious, that the insurers are not answerable for any acci¬ 
dent which may happen to the goods in lighters or boats going aboard, 
previous to the voyage; yet, as the policy says, the risk shall continue 
till the goods are safely landed, it seems the insurer continues responsible 
for the risk to be run in carrying the goods in boats to the shore. If 
there be a loss, however, in these cases, the accident must have hap¬ 
pened while the goods were in the boats or lighters belonging to the 
ship; but, in a case where the owner of the goods brings down his ow r n 
lighter, receives the goods out of the ship, and, before they reach land, 
an accident happens whereby the goods axe damaged, the insurer is 
discharged, although the insurance be upon goods to London, and till the 
same be safely landed there.—Sparrow v. Carruthers ; 2 Stra. 1236. 

In the unloading of goods there should be no unreasonable delay, but 
this must always depend upon circumstances. 

The risk on the body of a ship is generally to commence “ from her 
beginning to load at and so shall continue and endure \intil the 

said saip shall arrive at and hath there been moored at 

anchor 24 hours in good safety.” This mode of stating the commence¬ 
ment of the risk must commonly be applied to insurances on ships 
outward-bound ; lor, when insurance is made on the homew'ard risk, 
the.beginning of the adventure is sometimes stated to be “immediately 
from and after her arrival at the port abroad ; v at other times, “ from 
the departure; and, in short, it is very variable, dipending upon the 
inclination of the insured.—1 Magens, 47. 

Seventhly, Of the various Perils and Risks against which the Underwriter 

insures. 

The w r ords now' used expressive of the insurer’s risks, are very ex¬ 
tensive, including all perils of the seas, men of war, fire, enemies, 
pirates, rovers, thieves, jettisons, letters of mart and counter-mart, sur- 
prisals, takings at sea, arrests, restraints, and detainments, of all kings, 

princes, 


THE POLICY. 


219 


princes, and people, of what nation, condition, or quality, soever ; bar¬ 
ratry of the master or mariners, and all other perils, losses, and misfor¬ 
tunes that have or shall come to the hurt, detriment, or damage, of the 
said goods and merchandises, and ship, or any part thereof.” 

The law of England is totally silent as to the description of thieves- 
meant by the policy; whether the insurer untertakes as well against 
thefts committed by the master or mariners as against thefts committed 
from without. That he is liable in the latter case cannot be doubted; 
(Harford v. Maynard ; sittings at Guildhall, Hilary vacation, 1785, 
and Molloy, b. 2 c. 7. §. 5 ;) but foreign writers assert that he is not 
liable for the former. Roccus, not. 42. 

In addition to these, it is frequently the practice to insure her last or 
not last, in which, if the ship should be lost at the time of the insurance, 
still the underwriter, provided there be no fraud, is liable. T his prac¬ 
tice is peculiar to English policies, not being adopted by foreign nations. 

Idle acts of parliament, which have been passed for regulating the 
slave-trade from Alrica, contain provisions by which it is enacted, that, 
although the printed words (relative to the perils and risks insured 
against) may remain on the face of the policy', no loss or damage shall 
be recoverable on account of the mortality of slaves, by natural death or 
ill treatment , or loss by throwing overboard of slaves on any account what¬ 
ever, or loss or damage by restraints and detainments by kings, princes, 
people, and inhabitants, of Africa, where it shall be made appear, that 
such loss or damage has been occasioned through any aggression for 
the purpose of procuring slaves, and committed by the master of any 
such ship, or by any person or persons commanding any boat or parties 
of men belonging to any such ship, or by any persons acting under the 
direction of such master.—39 Geo. ‘III. c. 80. § 24, 25. 

Agreeably hereto, it has been determined, upon an insurance on 
slaves against the perils of the sea, that their death by failure of sufficient 
and suitable provision, which failure was occasioned by extraordinary 
delay in the voyage, arising from bad and tempestuous weather, was not 
a loss within the policy, but a loss by natural death, which cannot be 
insured against.— Iatham v. Hodgson ; 6 Term Rep. 656. 

The risk or adventure insured against must be inserted, by act of 35 
Geo. III. c. 63. $11. 

Eighthly, The Consideration or Premium for the Risk or Hazard run. 

This is always expressed to have been received at the time of under¬ 
writing; “we, the assurers, confessing ourselves paid the consideration 
due unto us for this assurance by the assured.” ' This being subscribed 
by the underwriter, it is proper to inquire whether, if tne premium 
were not actually paid at the time, he could afterwards maintain an 
action for it against the assured, who might then produce his subscrip¬ 
tion as evidence against himself. Questions upon policies of assurance 
stand most broadly upon the usage of tjhe place where the policy is 
effected, and this question would, no doubt, be determined by usage. 
By the custom of London, the underwriter credits the broker, and not 
the assured, for the premium ; and therefore the underwriter cannot 
demand it of the assured, but the broker as certainly could.— Airey and 
others, assignees of Milton, v. Bland ; sittings at Guildhall, 14Geo. III. 

The premium or consideration paid, given, or contracted for, must, 
like the risk, be inserted, by 35 Geo. III. c. 63. §.11. 


220 


MARINE INSURANCES. 


Ninthly, The Day, Month, and Year, on which the Policy is executed . 

This insertion seems very necessary, because, by computing the date? 
of* the policy with the date of facts which happened afterwards, or are 
material to be proved, it will frequently appear whether there is any 
reason to suspect fraud or improper conduct on the part of the insured. 

B’^t it becomes farther necessary, in order to have the benefit of 
§. 8, of the 35 Geo. III. c. 63, mentioned under the next head* 


Tenthly, That it be duly stamped. 

The act of 35 Geo. III. c. 63, repealed all the former acts relative 
to the stamps for insurance policies; since which, the act of 39 and 
40 Geo. III. c. 72, and that of the 42 Geo. III. c. 99, made some alter¬ 
ations with respect to the stamps, as will be found in the following 
abstract, by the two former : 

1. The following stamp-duties were payable, viz. 

Sum insured, Stamp. 

£ 100 or under — — 2s. 6d. 

Every additional £ 100 or fractional 

part thereof — — 2s. 6d. 

2. And where the premium actually paid does not exceed the rate 
of ten shillings per cent, the stamp is 

Sum insured. Stamp. 

£100 or under — • — Is. 3d. 

Every additional of 100 or fractional 

part thereof — — Is. 3d. 

3. All which duties are payable by the assured, his, her, or their, 
executors, administrators, and assigns.—35 Geo. III. c. 63. 

But, by the 42 Geo. Ill, c. 99, in all cases (from 1 Aug. 1802,) 
where the premium shall not exceed the rate of 20s. per cent, insured 
one half of the stamp duty of 2s. 6d. imposed by 35 Geo. III. c. 63, 
ceased; and the duties on such insurances now stand, as when the 
premium does not exceed 10*. per cent. 

In addition to which, the following regulations relative to the stamps 
are contained in the acts of parliament before mentioned, viz. 

4. Stamps of 2s. 6d. for every „f200 may be used, instead of stamps 
of Is. 3d. for every oflOO; and stamps of 5s. instead of stamps of 2s. 6d. 
for every o£'200. 

5. Commissioners of stamps are to provide stamped policies which 
may be purchased, or persons may have their own vellum, &c, for 
policies stamped at the head office. For policies for £5,0Cp or up¬ 
wards the commissioners are to charge only the amount of the duty, 
and nothing for the vellum, &c.—35 Geo. III. c. 63; and 39 and 40 
Geo. III. c. 72, § 8. 

6. Commissioners of stamps are to appoint offices in London for 
distributing policies, to any person or persons carrying on the business 
of insurance within the said city, on present payment or the duties, 
subject to the usual allowance of such present payment. But such 
distributors may, with the consent of the commissioners, open an ac¬ 
count with any person or persons, carrying on the business of insurance 
within the said city, and may supply such persons with stamps for po¬ 
licies as the commissioners may direct, making to them (on payment of 
the duties within the time prescribed by the commissioners) the like 
allowances as upon present payment. And, if any such officer shall 
knowingly make any false entry, to the damage of any such persons, 
he shall pay treble the damages and costs.—35 Geo. III. c. 63. 

7. Persons 


THE POLICY, 


221 


7. Persons or bodies politic or corporate, tp whom policies are der 
livered on credit, shall previously give bond to his Majesty in such sum 
as the commissioners may think reasonable (so as the same do not ex¬ 
ceed the probable amount of the duty payable by such persons or bodies, 
for any space of time, not exceeding two calendar months, nor less 
than six weeks,) with a condition, that if such person or persons shall 
from time to time well and-truly make pavment of all such sum or *^nns 
of money, which shall be due and payable to his Majesty, his heirs, 
pr successors, according to the true intent and meaning of this act, 
such bond shall be void, but otherwise to be and remain in full force: 
and the commissioners may fix the periods of making such payments, 
and specify the same in the condition to every such bond, and which 
shall not, in any case^ be by less than eight payments in the year, at 
equal intervals as nearly as may be j and every such bond may . be re¬ 
newed from time to time in the discretion of the commissioners, as 
often as the same shall be forfeited, or the party or parties to the same, 
or any of them, shall die, become bankrupt' or insolvent, or reside in 
parts beyond the seas; and every such bond shall, at any time, at the 
request of the obligor or obligors therein, be delivered up to be cancel¬ 
led ; or, otherwise, if the same shall be detained, then the same shall be 
put in suit for some breach thereof before the end of the second term 
alter such request made, or in default thereof shall be void.—35 Geo. 
III. c. 63. 

8. Policies, inadvertently spoiled, or rendered unfit for use, at any¬ 
time within six calendar months in which such policy shall have been 
delivered, may, at the head office, be cancelled on the terms and regu¬ 
lations herein-after mentioned; and in case no sum of money, nor the 
name of any underwriter, shall be subscribed thereon-, then, in case it 
shall appear to the satisfaction of the said commissioners that such policy 
hath not been underwritten or used for any other purpose, or in any 
other manner whatsoever, the said commissioners are to cancel the same, 
and to stamp any quantity'- of other vellum, &c. fit for the like uses, 
with stamps, amounting to the like value,,as may be required by the 
owner thereof, without taking any money or other consideration what¬ 
soever ; or in case any sums of money, and the name of any underwriter 
shall have been subscribed or underwritten on any such stamped vellum, 
&c. which shall be so brought to the said commissioners to be cancelled 
within ten office days after the date of the first of such subscriptions 
thereon; and in case it shall appear to the satisfaction of the said com¬ 
missioners, that such sums and names have been respectively underwrit¬ 
ten on stamped velltmi, &c. of a different denomination or value than 
is required by this act in respect of the sums so subscribed ; and it shall 
be proved that the same was occasioned through inadvertence or mis¬ 
take, or that the subscriptions thereon intended to have been obtained 
have not, from some just cause, been completed: and if, in every such 
case, the party bringing the same shall produce another policy of insu¬ 
rance, duly stamped, and actually made out for the same interest, risk, 
or adventure, with the policy so brought to be cancelled, then the said 
commissioners shall cancel such policies, and exchange them for others 

of the like value.- 55 Geo. III. c. 63, and 39 and 40 Geo. III. 

c. 72, § 9 . 

9. In case any such insurance shall have been made as aforesaid, 
on any ship bound on a voyage outwards from any place in Great-Bri- 
tain, or any interest therein, or on any goods or merchandise laden on¬ 
board thereof, and the policy, whereby such insurance shall have been 

, made, 



MARINE INSURANCES. 


222 

made, shall be brought to be cancelled within ten office days after the 
departure of such ship from any such place in Great Britain, the said 
commissioners may cause the same to be cancelled in like manner, and 
under the like powers, as if such policy had been brought to be cancel¬ 
led within ten office days from the date of the first subscription, as be¬ 
fore directed.—35 Geo. III. c. 63. But this clause was repealed by 39 
and 4-0 Geo. III. c. 72, § 10. 

10. In case an insurance shall have been made on any ship, that is to 
say, on the body, tackle, apparel, ordnance, munition, artillery, boat, 
and other furniture, thereof; or upon the freight of any ship; or upon 
any goods, merchandises, or other effects, laden or to be laden on-board 
of any ship or ships, (whether such ship or ships shall be specifically 
named in such policy or not,) and if it shall happen that any such ship 
shall not have proceeded upon the voyage insured; or that any goods, 
merchandise-;, or other effects, so insured as aforesaid, have not been 
shipped on-board any ship or ships, whether specifically named in the 
policy cr not; or in case the sum insured shall be found to exceed the 
interest of the insured on which the risk attached; and in case the se¬ 
parate interest of one person, or the joint interest of two or more per¬ 
sons, assured in such policy, shall fall short of the sum insured by the 
sum of one thousand pounds or upwards, where the duty payable there¬ 
on shall be at the rate of one shilling and threepence per centum , or of 
five hundred pounds, and upwards, when the duty payable thereon 
shall be at two shillings and sixpence per centum : then, and in every 
such case, upon due proof, to the satisfaction of the said commissioners, 
that any such ship hath not proceeded upon the voyage insured, or 
that any such goods, merchandise, or other effects, aforesaid, have not 
been shipped on-board any ship dr ships, whether specifically named 
or not, and that no risk hath, in either of such cases, attached, or on 
such due proof as aforesaid of the value of the interest, if any, assured 
in any such ship, freight, goods, merchandises, or other effects, as afore¬ 
said, on which any risk has attached, and on the production of the 
policy whereby such insurance was made, and also on such due proof 
as aforesaid being made of the bona fide return of the premiums by the 
several underwriters or insurers on such policy on account only of such 
no risk, no interest, or short interest, as the case may be, or of the pro¬ 
portion of the premium so returned on any such account as aforesaid ; 
the said commissioners are to make an allowance to- the assured of the 
stamps on any such policies, in respect of the sums thereby insured, 
when the -whole of the premiums shall have been returned on any such 
account as aforesaid, or of such part of the sums thereby insured as 
shall be found to exceed the interest of the assured or assureds in any 
such policy; and the said commissioners are to cancel any such policies, 
and to deliver other stamped papers or parchment of the value of the 
stamps so allowed as aforesaid, in the same manner as is directed with 
respect to policies brought to be cancelled ; but no such allowance shall 
be made in any case- where the interest of the assured shall be valued in 
or by any such policy so brought to be cancelled as aforesaid.—35 Geo, 
III. c. 63, and 39 and 40 Geo. III. c. 72, § 11. 

11. Every contract or agreement which shall be entered into for 
any insurance, in respect whereof any duty is by this act made payable, 
shall be engrossed, printed, or written, and shall be deemed and called, 
A Polity ofi Insurance ; and the premium or consideration, the particular 
risk or adventure against, together with the names of the subscribers or 
underwriters, and sums insured, shall be respectively specified in such 

policy. 


CONSTRUCTION of the POLICY. 


1223 


policy, and, in default thereof, every such insurance shall be null and 
void to all intents and purposes whatever.—35 Geo. III. c. 63. 

12. No policy of insurance upon any ship, or share therein, shall be 
made for longer than twelve calendar months.—35 Geo. III. c. 63. 

13 . Such alterations as may lawfully be made in the terms of any po¬ 
licy, duly stamped and underwritten, may still be made without requi¬ 
ring any additional stamp, so that suph alteration be made before 
notice of the determination of the risk originally insured, and the ori¬ 
ginal premium or consideration shall exceed the rate of ten shillings 
per centum on the sum insured, and so that the thing insured shall re¬ 
main the property of the same person or persons, and so that such 
alteration shall not prolong the term insured 'beyond the period allowed 
by this act, and so that no additional or farther sum shall be insured by 
reason of such alteration. —35 Geo. III. c. 63. 

14*. No insurance made in Great Britain, in respect whereof any 
duty is payable, shall be available in law or equity, unless properly 
stamped; and it shall not be lawful to stamp any vellum, &c. with any 
stamp, by virtue of this act, at any tiVne after any such insurance shall 
be engrossed, printed, or written, thereon, under any pretence whatever. 
— 35 Geo. III. c. 63. 

15. Persons making insurances, &c. unless the contract be properly 
stamped, and brokers, &c. acting contrary to this act, to forfeit 5001. 

16'.. Brokerage, &c. is not legally chargeable unless the insurance 
be properly stamped, &c. 

17. Assurers, Unless insurances be properly stamped, &c. to forfeit 

5001. 

18. The London Assurance and the Royal Exchange Assurance 
not liable to penalty for making agreements unstamped, if policies 
thereon be made out and stamped within three office days fr.cm. the 
time of making such agreements. 

19,. One moiety of all penalties sued for in six months to belong to 
his Majesty, and the other moiety to the person who shall sue for 
the same. 

20. Penalties not sued for within six months may be recovered by 
his Majesty’s attorney-general or advocate, and be paid to the commis¬ 
sioners of stamps, who may reward the informer. 

21. Prosecutions for penalties incurred without intention of fraud 
may be stopped by his Majesty’s attorney-general or advocate. 

22. Powers of former acts relating to stamps to extend to this act. 

23. Persons counterfeiting stamps, &c. to suffer death. 

24. From July 5, 1795, former duties to cease. 

25. 26, Regulate the application of the duties. 

II. THE CONSTRUCTION OF THE POLICY. 

In the construction of policies two rules chiefly prevail, namely, to 
give effect to tiie intentions of the parties, aud to the usage of irade, with 
respect to the particular voyages or risks to which the policy relates. 

In a case so early as i;f the time of James the Second, a policy of 
insurance was construed to run until the ship had ended and was "dis¬ 
charged of her voyage; for, arrival at the port, to which she was 
bound, was not a discharge, tilt she was unloaded. 

But, although this construction be right, where the policy is general 
from A. to B. yet if it contain the words usually inserted —“and till the 
ship shall have moored at anchor twenty-four hours in good safety /’ the 
underwriter is not liable for any loss arising from seizure after she has 

been 


MARINE INSURANCES, 


224 

been twenty-four hours in port; even if such seizure was in conse¬ 
quence of an act of barratry (such as smuggling) of the master during 
the voyage. — Lockyer and others v. Offiey; 1 Term Rep. p. 252. 

The ship Success was insured “at and from Leghorn to the port of 
London , and till there moored txventy-four hours in good saj ety.” She arri¬ 
ved the 8th of July at Fresh Wharf and moored, but was the same day 
served with an order to go back to the Hope, to perform a fourteen 
days quarantine. The men upon this deserted her; and on the 12th 
of the month the captain applied to be excused going back, xvhich pe¬ 
tition was adjourned to the 2Sth, when the regency ordered her bac k ; 
and on the 30th she went back, performed the quarantine, and then 
sent up for orders to air the goods; but, before she returned, the ship 
was burnt, on the 23d ot August; and the question was, whether the 
insurer was liable ? Lord Chief Justice Lee ruled, that though the ship 
was so Iqrig at her moorings, yet she could not be said to be there in 
good safety , which must mean the opportunity of unloading and dis- 
charging. —Waples v. Earnest 2 Stra. 1243. 

So, where the ship Hercules was insured from Bilboa to Rouen, and 
till twenty-four hours moored in safety there , the ship arrived, an embargo 
having been previously laid oh all English vessels in that port. The ' 
captain went on shore the day of his arrival, and the embargo was laid 
on his ship the next day. He was afterwards permitted to land the 
cargo, which he delivered to the consignees, but the ship was detained 
as a prize. Lord Kenyon ruled, that she was as much within the power 
of the enemy, as if a guard had been put on-board the moment she 
arrived: she could not be said to be twenty-four hours, or a minute, 
moored in safety, as far as relates to these plaintiffs; for, immediately 
on entering the port, she was to all intents and purposes captured by 
the French.— Minett v. Anderson ; Peake’s Rep. Sittings alter HiL 34 
Geo. in. 

But, where a ship had arrived at the wharf on the 12th of January, 
and was laic! on the outside of the tier, there being no room to lay her 
on the inside; where the sails were unbent, topmasts struck, three an¬ 
chors out, and she was also lashed to another ship and so continued 
till the 19th, when several ships and a quantity of ice forced her adrift, 
and she was wholly lost; Lord Kenyon was of opinion that she was 
completely moored on the 19th; and, as the accident did not happen 
till above twenty-four hours after that time, the underwriters were not 
liable.— Anger stein v. Bell. Sittings at Guildhall after Trinity, 1795. 

Upon an insurance from London to the East Indies', warranted to de¬ 
part with convoy , the facts were, that the ship went from London to the 
Downs, and from thence with convoy, and was lost. It was adjudged, 
that the clause “ warranted to depart without convoy,” must be con¬ 
strued according to the usage among merchants, that is, from such place 
where convoys are to be had, as the Downs ; and that therefore, in this' 
case, there was not a departure without convoy.— Lethuliers case ; 2 
Salk. 443. 

So, likewise; on an insurance from Bremen to the port of London, 
warranted to depart with convoy\ The case was, the ship set sail from 
Bremen under the conduct of a Dutch man of war to the Elbe, where 
they were joined by two other Dutch men of war and several Dutch and 
English merchant ships, whence they sailed to the Texel, where they 
found a squadron of English men of war and an admiral. After a 
sfay qf nine weeks, they set sail from the Texel: the ship was sepa¬ 
rated in a storm, taken bv a French privateer, and retaken by a Dutch 

privajteer^. 



CONSTRUCTION or the POLICY. 22* 

privateer, and paid eighty pounds salvage. It was ruled by lord chief 
justice Holt, that the voyage ought to fee according to usage ; that their 
going to the Elbe, though out of the way, was no deviation; for, till 
after the year 1703, (prior to which time this policy was made,) there 
was no convoy for ships directly from Bremen to London.— Bond \\ 
Consoles', 2 Saik. 445. 

In an insurance upon freight , if an accident happens to the ship 
before any goods are put on-board, which prevents her from sailing, the 
insured upon the policy cannot recover the freight which he would 
have earned if she had sailed,— Tange v. Watts % 2 Stra. 1251. 

But, if the policy be a valued policy, and part of the cargo be on¬ 
board when such accident happens, the rest being ready to be shipped, 
the insured may recover to the whole amount— Montgomery v. Eggin• 
Jon, 3 Tm. Rep. 362. 

So likewise, in an open policy on freight, at and from London and 7e- 
nerife to any of the West-India Islands (Jamaica excepted.) The ship 
was under a charter-party to depart out of the River Thames, and 
proceed lo Teneriife, there to receive on-board 500 pipes of wine, to 
he delivered in the West-Indies, for the freight of which the freight¬ 
ers covenanted to pay 35s. per pipe. She sailed from London in 
ballast, and was captured before arrival at Teneriife. The court held, 
that the instant the ship departed from the Thames, the contract for 
freight had its commencement , and the plaintiff' was intitled to recover. 
That this case was different from Tonge v. Watts , where there was no 
commencement of the contract, because no goods had been shipped; 
and resembled the case o ^Montgomery v. Egginton , inasmuch as, though 
different in their circumstances, in both there was a commencement of 
the contract.— Thompson v Taylor, 6 Term Rep. 478. 

On an insurance from London to Gibralter, warranted to depart 
icith convoy , it appeared there was a convoy appointed for that trade 
at opithead, ,and the ship insured, having tried for convoy in the 
Downs, p.oceeded for Spithead, and was taken in her way thither. Lord 
chief justice Lee was of opinion that the ship was to be considered 
$ts unde/ the defendant’s insurance to a place of general rendezvous, 
according to the interpretation of the words, zuarranted to depart with 
convoy : and, if the parties meant to vary the insurance from what is 
commonly understood, they should have stated it in the policy,— 

2 Stra. 1265. 

The ship Eyles, late in the East-India Company’s service, was, in. 
the year .1732, at Bengal, at which time the owner employed his agents 
to insure the ship in London for five hundred pounds. The adventure 
thereon was to commoncefrom her qr rival at Fort St George , and thence 
to continue till the said ship should arrive in London, and that it should 
be iawfulfor the said ship, in the said voyage, to stay ,.t any ports op 
places vyithout prejudice, and that the ship was and should be rated 
at interest or no interest , without farther account. The Eyles came tp 
Fort St George in February, 1733, in her way to England ; but, being 
leaky, and in a yery bad condition, upon the unanimous advice of the 
governor, council, commanders of ships, &c. she sailed to Bengal to 
be refitted, and, after being sheathed, in her return upon her home- 
jvard-bound voyage, she struck upon the English sands and was lost.— 
Upon this case, it was said by Lord Chancellor Hardvvike, —Stress of 
weather, and the danger of proceeding on a voyage, yvhen a ship is 
jn a decayed condition, are to be considered; lor, in such a case, if 
tfiG yyont to the nearest place, I should cousidcr k equally the s^me 


MARINE insurances. 


as if she had been repaired at the very place from which the voyage 
was to commence, according to the terms of the policy, and no devia¬ 
tion. There is here no proof why she might not have been equally 
well repaired at Fort St George; but there is one part of this case 
which distinguishes it from all others whatever, and that is, as to 
the certain time the voyage was to commence. The fact is, the ship 
was lost in July, 1733, three weeks before the time of making this 
policy, so that clearly the ship was not at Fort St George at the time 
the agreement was made; and therefore it is a material question whe¬ 
ther it comes within, the agreement. His Lordship directed an issue 
to try, whether the loss in Ju’y, 1733, was a loss during the voyage 
and according to the adventure agreed upon: and, upon the trial of 
that issue, the underwriter was hoiden liable.— Alotteux ana, others v. 
JLondon Assur. l, Atk. 545. 

The words “at and from Bengal to England ,” mean the first arrival at 
Bengal; and, when such words are used in policies, arrival is always 
implied and understood.—1 Atk. 548. 

When a ship is insured at and from a place , and it arrives at that 
place, as long as the ship is preparing for the voyage up< n which it 
is insured, the insurer is liable: but, if all thoughts of the voyage be 
laid aside, and the ship lie there five, six, or seven, years, with the 
owner’s privity, the insurer is not liable. — Chitty v. Selziin, 2 Atk. 359. 

A ship was insured at and from Jamaica to London: she had also been 
insured from London to Jamaica generally, and was lost in coasting the 
island, after she had touched for some days at one port there, but before 
she had delivered all her outward-bound cargo at the other ports of 
the island. The question was, when the homeward-bound risk com¬ 
menced, and at what time the outward-boufid risk determined ? A 
special jury, after an examination of merchants as to the custom, deci¬ 
ded, that the outward risk ended when the ship had moored in any. 
port of the island, and did not continue till she came to the last port of 
delivery. —Camden v. Cowley, 1 Blackst. 417. 

This was afterwards confirmed by Lord Mansfield, who laid down 
this doctrine, that the outward risk upon the ship ended twenty-four hours 
after its arrival in the first port in the island to which it was destined: 
but that the outvyard policy upon goods continues till they were landed. 
JBarrassv. London Assur, Sittings after Hilary. 1782. 

And the law of the two last cases has been recently corroborated by 
the decision of a cause before Lord Kenyon; ( Leigh v. Mather , Sittings 
after Mich, 1795;) in which it was determined, that the risk on the 
ship ceased after she had moored twenty-four hours in the first port of 
the island, for the purpose of unloading; and that a ship insured gene¬ 
rally to any island cannot be permitted to go round the whole island 
for the purpose of unloading her cargo. 

But the most important cases upon questions Of construction are the 
two following; in which the principles are laid down with so much 
accuracy and precision, that we detail them rather at length. 

An action was brought upon a policy of insurance '‘on goods in 
a Dutch ship, from Malaga to Gibraltar, and at and from thence to Eng¬ 
land and Holland, botn or either: on goods, as hereafter agreed, be¬ 
ginning the adventure from the loading, and to continue till the ship 
and goods be arrived at England or Holland, and there safely landed.” 
The agreement was, “that, upon the arrival of the ship at Gibraltar, 
the goods might be unloaded, and re-shipped in one or more Bri¬ 
tish ship or snips for England and Holland, and to return one per 


CONSTRUCTION of the POLICY. 


22? 


cent, if discharged in England/' It appeared in evidence, that, when 
the ship came to Gibraltar, the goods were unloaded, and put into a 
store-skip, (which it was proved was alw r ays considered as a warehouse,) 
and that there was then no British ship there. Two days after the 
goods were put into the store-ship, they were lost in a storm. 

Lee, chief-justice. — Policies are to be construed largely, for the be¬ 
nefit of trade and for the insured. Now, it seems to be a strict con¬ 
struction, to confine this insurance only to the unloading and re-shipping, 
and the accidents attending this act. The construction should be ac¬ 
cording to the course of trade in this place ; and this appears to be the 
usual mode of unloading and re-shipping in that place, viz. that when 
there is no British ship there, then the goods are kept in store-ships. 
Where there is in insurance on goods on-board such a ship, that in¬ 
surance extends to the carrying the goods to shore in a boat. So, if an 
insurance be of goods to such a city, and the goods are brought in 
safety to such a port, though distant from the city, that is a compliance 
with the policy, if that be the usual place to which the ships come. 
Therefore, as here is a liberty given of unloading and re-shipping, it 
must be taken to be an insuring under such methods as are proper fpr 
unloading and re-shipping. There is no neglect on the part of the in¬ 
sured, for the goods were brought into port the 19th, and were lost the 
22d, of November. This manner of unloading and re-shipping is to be 
considered as the necessary means of attaining that which was intended 
by the policy ; and seems to be the same as if it had happened in the 
act of unshipping irem one ship to another. And as this is the known' 
course of the trade, it seems extraordinary, if it were not intended. 
This is not to be considered as a suspension of the policy ; for, as the 
policy would extend to a loss, happening in the uploading and re-ship- 
ping from one ship to another, so any means to attain that end come 
within the meaning of the policy. The plaintiff had a verdict*— 
Tiernay v. Etherington. 1 Burr. 343. 

In an action upon a policy of insurance, the following case was sta¬ 
ted for the opinion of the court. “The plaintiff, being part owner of 
the ship Onslow, an EastTndia ship, then lying in the Thames, and 
bound on a voyage to China, and back again to London, insured it 
at and from London, to any port or places beyond the Cape of Good Hope, 
and back to London, free from average tinder ten per cent, upon the body , 
tackle , apparel, ordnance, ammunition, artillery , boat, and other furniture , 
oj and in the said ship; beginning the adventure upon the said ship from and 
immediately following the date of the policy, and so to continue and endure 
until the ship shall be arrived as above, and there anchored twenty four hours 
in good safety. The perils mentioned in the policy were the common 
perils, viz. of the seas, men of war, fire, fyc. The ship arrived in the 
river Canton, in China, where she was to stay to clean and refit, and 
for other purposes, Upon her arrival there, the sails, yards, tadde. 
Cables, rigging, apparel, and other furniture, were, by the captain's 
order, taken out of her, and put into a warehouse, or storehouse, called 
a bank-saul, built for that purpose on a sand-bank, or small island, ly¬ 
ing in the said river, near ohe of the banks, called, J3ank-saul Island, 
in order to be there repaired, kept dry, and preserved, till the ship 
should be heeled, cleaned, and refitted. Some time after this, a fire 
broke out in the bank-saul belonging to a Swedish ship, and communi- 
cafed itself to another bank-saul, and thence to that belonging to the 
Onslow, and consumed the same, together with all the sails, yards, 8zc, 
belonging to the Onslow that were therein. It was the universal and 

Q % well* 


£25 


MARINE INSURANCES. 


wdl-knotwi usage, and has been for a great number of years, for all 
European ships, which go on a China voyage, except Dutch ships, 
(vyho for some years past have been denied this privilege by the Chinese, 
and who look upon such a denial as a great loss,) when they arrive 
near this Bank-saul Island, jin the river Canton, to unrig the ships, 
and to take out their sails, yards, tackle, cables, rigging, apparel, 
and other furniture, and to put theip on-shore on a bank-saul, built 
for that purpose on the said island, (in the manner that had been done 
by the captain of the Onslow ojn the present occasion,) in order to be 
repaired, kept dry, and preserved, until the ships should be heeled, 
cleaned, and refitted. The ship arrived frorp her said voyage in the 
Thames, having been again rigged, and put in the best condition the 
nature of the place and circumstances of affairs would permit. The 
question for the opinion of the court was, whether the insurers are 
liable to ansvver for this loss, so happening upon the bank-saul, within 
the intent and meaning of this policy.” 

The following unanimous' opinion of the court was delivered by 
Lord Mansfield: * By the express words of the policy, the defen¬ 

dants have insured the tackle, apparel, and other’ furniture, of the 
Onslow, from fire, during the whole time of her voyage, until her re¬ 
turn in safety to London, without any restriction. Her tackle, appa¬ 
rel, and furniture, were inevitably burnt in China, during the voy¬ 
age, before her return to London. The event, then, which has hap¬ 
pened, is a loss within the general words of the policy; and it is 
incumbent upon the defendants to shew, from the manner in which 
this misfortune happened, or from other circumstances, that it ought 
to be construed a peril which they did not undertake to bear. If the 
chance be varied, or the voyage altered, by the fault pf the owner or 
master of the ship, the insurer ceases to be liable; because he is only 
understood to engage that the thing shall be done safe from fortuitous 
dangers, provided due means are used by the trader to attain that end. 
But the master is not in fault, if what he did was done in the usual, 
course and for just reasons. The insurer, in estimating the price at 
yyhich he is willing to indemnify the trader against all risks, must have 
under his consideration the nature of the voyage to be performed, 
and the usual course and manner, of doing it. Every thing done in 
the usual course must have been foreseen and in contemplation at the 
time he engaged : he took the risk, upon a supposition, that what 
was usual or necessary should be done. In general, what fs usually 
done by such a ship, with such a cargo, in such a voyage, is under¬ 
stood to be referred to by every policy, aiid to make a part of it, as 
much as if it were expressed. The usage, when foreseen, is rather 
allowed to be done, than what is left to the master’s discretion, upon 
unforeseen events: yet, if the master, ex justa causa, go out of the 
way, the insurance continues. Upon these principles it is difficult to 
frame a question, which can arise out of this case, as stated. The 
only objection is, that they were burnt in a bank-saul, and not in the 
ship ; upon land, not at sea, or upon water; and,' being appertinent to 
the ship, losses and dangers ashore could not be included. The answer 
is obvious; first, the words make no such distinction; secondly, the in¬ 
tent makes no such distinction. Many accidents might happen at land, 
even to the ship. Suppose a hurricane to drive it a mile on-shore ; or, an 
earthquake might have a like effect; suppose a ship to be burnt in a dry 
dock ; or suppose accidents to happen to her tackle upon land, taken 
(tom the ship, while accidentally and occasionally refitting, as on account 

' 4 





CONSTRUCTION of the POLICY. 


229 


of a hole in its bottom, or other mischance; these are all possible cases; 
Bat what might arise from an accidental repair of the ship is not near 
so strong, as a certain necessary consequence o r the ordinary voyage, 
which the parties could not but have in their direct aud immediate 
contemplation. Here the defendants knew that the snip must be 
heeled, cleaned, and refitted, in the river of Canton; they knew 
that the tackle would then be put in the bank-saul; they knew it was 
for the safety of the ship, and prudent that they should be put there. 
Had it been an accidental necessity of refitting, the master might have 
justified taking them out of the ship ex causa justa: but describing 
the voyage is an express reference to the usual manner of making it, 
as much as if every circumstance were mentioned. Was the c a ce 
varied by the fault of the master ? It is impossible to impute any :ault 
to him. Is this like a deviation? No, it is ex justa causa , which 
always excuses. Had the insurers been asked. whether the tackle 
should be put in the bank-saul, they must, for their own s ikes, have 
insisted that it should. They would have reason to complain, if, from 
their not being put there, a misfortune had happened. Ir^such a case 
the master would have been to blame, and, by his fault/ would have 
varied the chance. They have taken a price for standing in the 
plaintiff’s place, as to any losses he might sustain in performing the 
several parts of the voyage, of which this was known and intended 
to be one. Therefore, we are all of opinion, that, in every light, 
and in every view of this case, in reason and justice, and within 
the words, intent, and meaning, of this policy, and within the view 
and contemplation of the parties to the contract, the insurers are liable 
to answer to this loss.” — Felly, v. Royal Exch Assur- 1 Burr. 311. 
This case has been since confirmed by tha Court of King’s Bench.— 
4 Term. Rep. 206. 

The same principles were adhered to in a very modern case. The 
insurance was upon the ships the Hope and the Anne, at and from 
Dartmouth to Waterford, and thence to the port or ports of discharge, 
on the coast of Labrador, with leave to touch at Newfoundland, and 
upon any kind of goods and merchandises; and also on the ships, till 
they should be arrived at their port of discharge, and should have 
moored at anchor tiventy-four hours , and on the goods until the same be 
there discharged and safely landed. By a clause in the policy, money 
advanced to the fishermen was insured. The Anne arrived safe on 
the coast of Labrador, on the 22d of June, and the Hope on the 14th 
of Jvily, 1778. From the time of their arrival the crews were em¬ 
ployed in fishing, and had taken out none of their cargoes except at 
leisure hours, (partly on Sundays,) such things as were immediately 
wanted. On the 13th of August, an American privateer entered 
the harbour and took both the vessels, there being at that time nobody 
on-board either of them. The question was, whether there had not 
been an unnecessary delay in unloading the cargoes, in consequence 
of which they had been exposed to capture, and whether the under¬ 
writers ought to be liable for what had happened from this negligence 
of* the insured? It was proved, that in the Newfoundland trade, 
it is customary to keep their goods on-board several months, and that 
sometimes they have part of their homeward cargo of fish, and part 
of the old cargo on-board at the same time. That the first object is 
to catch fish, and they unload only at times when they cannot fish. 
The old cargo being chiefly salt and provisions, it is taken out gradu- 

Q 3 Xlly 




£30 


MARINE INSURANCES. 


ally for curing the fish, and for consumption. That it was usual in 
chartering vessels in this trade, to stipulate that they should have 
sixty days allowed for discharging. That they were oftentimes longer, 
in fact, and that it was not so easy to discharge a cargo at Labrador 
as at Newfoundland. Upon this evidence a verdict was found, by 
which the underwriters were holden to be liable. — A oble and others v. 
Kennaway, Doug. 492. 

These decisions, notwithstanding the vast variety of their circum¬ 
stances, are uniiorm in principle, and tire judges always make a con¬ 
stant reference to the usage of trade. 

This is confirmed by the cases of insurance upon Ecist-India voyages. 
In which the insurers have been held liable, not only for events which 
may possibly happen from the port of discharge to that of delivery, 
but also for all intermediate or country voyages, and upon which the 
ship may be dispatched by order of the council of any of the East- 
India company’s settlements abroad. And this construction of East- 
India policies prevails, whether the words of them be large and com¬ 
prehensive, such as with liberty to touch, stay, and trade, at any port 
or places whatsoever , or restrained and limited, such as to touch and 
stay at a port or place in this voyage.—Salvador v. Hopkins, 3 Burr. 
1707. — Gregory v. Christie, Trim Term, 24 Geo. III. —Farquharson 
v. Hunter, Hilary, 2 5 Geo. III.—At the same time, though the 
general rule be so, yet the parties contracting may, by their own 
agreement, prevent such a latitude of construction. In order to do 
this, it is not necessary that the express words of exclusion should be 
inserted in the policy ; but if, from the terms used, the court can col-, 
Iect, that such was the intention of the parties, that construction, 
which is most agreeable to their intention, will prevail. — Lavabre v. 
Wilson, Doug. 27. 

When an insurance is made on one species of property, the damage 
sustained by loss of property, different from that named in the policy, 
cannot be recovered. Thus a man, who has insured a cargo of goods, 
cannot recover the freight which he has paid for the carriage of that 
cargo; nor can an owner who insures the ship merely , demand satis¬ 
faction for the loss of merchandise laden thereon, or ask from the 
insurers extraordinary wages paid to the seamen, or the value of provisions 
consumed , by reason of the detention of the ship at any port longer 
than was expected. — Fletcher and others v. Poole. Sittings after 
Easter, 1769. Bail lie v. Modigliani, Hilary Term, 25 Geo. III. 

On a policy on a ship, sailor’s wages or provisions are never allow¬ 
ed in settling the damages; for, if a ship is detained, in conse¬ 
quence of any injury received in a storm, though the underwriter 
must make good that damage, yet the insured cannot come upon 
him for the amount of wages or provisions during the time she was 
repairing. —Robertson v. Ewer, 3 Term Rep. 127. 

But, on a policy on a ship and furniture, where the provisions for 
the crew were burnt, it was determined that provisions for the crew 
are comprehended under furniture, and that the underwiter was of 

course answerable for their loss.- Brough v. Whitmore, 4 Term 

Rep. 206. 

' In an insurance upon a Greenland ship, the value of lines and tackle, 
employed in the fishery, is not recoverable under a policy made upon 
the ship, tackle, and furniture, &c. — Hoskins v. Pickersgilt , King’s 
Bench, Easter, 23 Geo. III. 

In 



CONSTRUCTION of the POLICY- 


.231 


In order to entitle the insured to recover, the loss must be a direct 
and immediate consequence of the peril insured, and not a remote 
one. This doctrine was laid down in the following case. 

It was an action on the policy of assurance, “ at and from Bristol 
to the coast of Africa, during her stay and trade, and thence to our 
port or ports of discharge in the West Indies.” There was a me¬ 
morandum on the policy, that “ the assurers are not to pay any loss 
that may happen in boats during the voyage, (mortality by natural 
death excepted,) and not to pay for mortality by mutiny, unless the 
same amount to 101. per cent, to be computed on the first cost of the 
ship, outfit, and cargo, valuing negroes so lost at 35l. per head/* 
The demand upon the poucy was the loss of a great many slaves 
by mutiny : 225 prime slaves were shipped on-board: on the 3d of 
May, before the ship sailed from Africa, an insurrection was at¬ 
tempted ; the women seized the captain, and endeavoured to throw 
him overboard, but he was rescued by the crew: the women and 
some men threw themselves down the hatchway, and were much 
bruised. He sent the ringleader on-shore, and twelve men and a wo¬ 
man afterwards died of those bruises, and from abstinence. On the 
22d of May, there was a general insurrection, the crew were forced 
to fire upon the slaves, and attack them with weapons, it being a 
case of imminent necessity. Several slaves took to the ship’s sides, 
and hung down in the water by the chains and ropes ; some tor about 
a quarter of an hour; three were killed by firing, and three were 
drowned ; the rest were taken in, but they were too far gone to be 
recovered; many of them were desperately bruised, many died in 
consequence of the wounds they had received from the firifig during 
the mutiny, some from swallowing salt water, some from chagrin at 
their disappointment and from abstinence; several from fluxes and 
fevers ; in all to the amount of 53. The underwriter had paid at 
the rate of 15 per cent, for 19, who were either killed during the 
mutiny, or had afterwards died of their wounds. Another consequen¬ 
tial damage teas stated, that the mutiny had lessened the remaining slates 
in the estimation of the planters, and reduced their price. Lord Mans¬ 
field said, as to the latter loss, I think the underwriter is not answer- 
able for the loss of the market, or the price of it; that is a remote 
consequence, and not within any peril insured against by the policy. 
The jury determined, that all who were killed in the mutiny or died 
of their wounds were to be paid for. That all those who died of 
their bruises, which they received in the mutiny, though accompanied 
with other causes, were to be paid for. That all who had swallowed 
salt-water, and died in consequence thereof, or who leaped into 
the sea, and hung upon the sides of the ship, without being other¬ 
wise bruised, or who died of chagrin, were not to be paid for : —* 
Jones v. Schmoll, 1 Term Rep. p. 130. This case, however, is not 
to be received as a general precedent affecting future insurances 
on African voyages ; since, by the acts of parliament for regelating 
the slave-trade, and particularly noticed before, such losses as those 
which occurred in this case are not insurable against. 

In the construction of policies for time,* the same liberality prevails; 
thus, in a policy of insurance of the ship Mary, letter-of-marque, t :e 
words were, “ at and from Liverpool to Antigua, with liberty to cruise 

* By 35 Geo. 3, c. 63, § it, no oolicy upon any ship or interest therein Can be made 
/ fur a Iongci- term than calendar months. 

q 4 


SIX 


232 


MARINE INSURANCES. 


six weeks, and return to Ireland, or Falmouth, or Milford, with an/ 
prize or prizes.” The ship having been taken, an action was 
brought, when a verdict was found for the plaintiffs. The material 
parts of the evidence were, that the policy was made on the 9th of 
February, 1779, and there was no time fixed in it for the commence¬ 
ment or the duration of the voyage. The captain of the ship swore, 
that he sailed from Liverpool on the 28th of February; he was five 
days before he cleared the land, and he proceeded on his direct 
voyage till the 14th of March, chasing, however, at different times, 
from the 7th to the 14th; at which time he began his cruise, giving 
notice thereof to the crew, ordering a minute of it to be entered in 
the log-book, which was done. From the 14th of March, he con¬ 
tinued cruising about the same latitude till the 17 th or 18th of April, 
when he discontinued the cruise, of which he also gave notice, in¬ 
tending to go to the Burlings, off Lisbon, in the course of his voy¬ 
age. On the 23d, he renewed the cruise, of which he gave notice, 
as before, and ordered a minute, to that purpose, to be entered in 
the log-book. From that time he continued cruising till the 23th of 
April, when he was taken by an American privateer. Many wit¬ 
nesses were examined, some of whom thought, that the liberty of 
cruising, given by the policy, meant six successive weeks; others 
conceived, that, if the separate times of cruising, when added to¬ 
gether, should not exceed the space of six weeks, the terms of the 
insurance would be complied with ; but none of them could prove any 
usage, as none of the witnesses ever knew a case exactly circum¬ 
stanced like the present. 

A motion w^as made for a new trial; upon which Lord Mansfield 
said, — Here the subject matter, in my opinion, is decisive to shew, 
that the six weeks meant one continued period of time. A cruise is a 
well-known expression for a connected portion of time. There are 
frequently articles for a month’s cruise, a six-week’s cruise, &c. 
Such a liberty, as in this case, to a letter of marque, is an excuse 
for a deviation ; for the true meaning is, — il I will excuse a deviation 
for 'six weeks ” If they had meant separate days, they would have 
said forty-two days.—The court ordered a new trial. — Sj/ers and 
others v. Bridge , Dough 509. 

Thus it appears, that the material rules to be adhered to, in the 
construction ot policies, are the intention of the parties entering into the 
contract, and the usage of trade. 

III. PERILS of the SEA. 

IT may, in general, be said, that every thing that happens to a 
ship, in the course of her voyage, by the immediate act of God, 
without the intervention of human agency, is a peril of the sea. 
Thus every accident happening by the violence of wind or waves, 
by thunder or lightning, by driving against rocks, by the stranding 
of the ship, or by any other violence which human prudence could 
not foresee, nor human strength resist, may be considered as a loss 
within the meaning of such a policy; and the insurer must answer 
for all damages sustained, in consequence of such accident. But, 
if a ship be driven by stress of weather on an enemy’s coast, and is 
there captured, it is a loss by capture, and not by perils of the seas. 
Green v. Elmsley , Peake, 212. 


CAPTURE and DETENTION of PRINCES. 233 

In order to charge the underwriter for a loss by perils of the 
sea, the ship must be equipped with every thing necessary for the 
voyage; she must be sea-worthy, have a sufficient crew, and a cap¬ 
tain and pilot of competent skill. And, therefore, when a ship, 
homeward-bound from Stettin to London, received on-board a pilot 
from Orfordness, but dropped him at Half-way reach in the river 
Thames before she had reached her moorings higher up in the river, 
and an accident afterwards happening by which the ship was lost, 
the underwriter on the ship and cargo was holden discharged from 
his liability, on account of there not being any pilot on-board at that 
time, although it did not appear that the loss was directly imputable 
to the want of skill in those who navigated her. — Lazu v. Rollings - 
worth, 7 Term Rep. 160. 

In the case of Rohl v. Parr, the ship had been destroyed by a 
species of worms which infest the rivers of Africa; and an intelli¬ 
gent merchant swore that he had known many instances of this spe¬ 
cies of loss, but that the underwriters had invariably refused to pay. 
Lord Kenyon and the jury, upon this evidence, decided that it was 
not a loss by perils of the sea. — Sittings after Hilary, 1796. 

If a ship has been missing and no intelligence received of her 
within reasonable time after she sailed, it shall be presumed that she 
foundered at sea. Newby v. Read, Sittings after Mich. 3 Geo. III. 

And even in an action on a policy, in which there was a warranty 
against captures and seizures , (the ship never having been heard of after 
sailing,) it was insisted, for the defendant, that as captures and 
seizures were excepted, it lay upon the plaintiff to prove, that the 
loss happened in the particular manner stated. Lord Chief Justice 
Lee said, it would be unreasonable to expect certain evidence of 
such a loss, w'here every body on-board is presumed to be drowned; 
and all that can be required is, the best proof the nature of the 
case admits of, which the plaintiff has given. The jury found a 
verdict for the plaintiff. — Green v. Brown, 2 Stra. J190. 

A practice prevails among insurers, that the ship shall be deemed 
lost, if not heard of in six months after her departure, (or after the time 
of the last intelligence from her,) for any port in Europe, and in 
twelve months if for a greater distance. If, under this usage, the 
insurer should pay the money, supposing the ship lost, when it really 
is not, he may, as we shall see hereafter, recover it back in action. 

IV. CAPTURE and DETENTION of PRINCES. 

A SHIP is to be considered as lost by capture, though she be 
never condemned at all, nor carried into any port or fleet of the 
enemy, and the insurer must pay the value. If, after a condemnation, 
the owner recover or retake her, the insurer can be in no other 
condition than if she had been retaken or recovered before condem¬ 
nation. The insurer runs the risk of the insured, and undertakes to 
indemnify ; he must therefore bear the loss actually sustained. So that, 
if, after condemnation, the owner recovers the ship, in her complete 
condition, but has paid for salvage, or been at any expense in get¬ 
ting her back, the insurer must pay the loss so actually sustained. 
No capture by the enemy can be so total a lo?s as to leave no possi¬ 
bility of recovery. If the owner himself should retake, at any time, 
he will be entitled; and, by the acts of 29 Geo. II. c, 34. §. *24. and 

S3 


MARINE INSURANCES. 


234. 

33 Geo. III. c. 66. § 42, if an English ship retake the vessel cap¬ 
tured, either before or after condemnation, the owner is entitled to 
restitution upon stated salvage. This chance docs not, however, sus¬ 
pend the demand for a total loss upon the insurer; but, in case of a 
recapture, justice is done, by putting him in the place of tne in¬ 
sured. — Goss v. Withers, 2 Burr. 694. 

Where a capture has beep made, whether it be legal or not, the 
insurers are liable for the charges of a compromise made, bond Jide, 
to prevent the ship from being condemned as prize, or to avoid 
the greater expense of prosecuting an appeal. — Berens v. Rucker, 

1 Blachst. 313. 

But as, by 22 Geo. III. c. 2 5, and 33 Geo. III. c. 66, all ransoms 
©f British ships captured are declared illegal, no sums paid on such 
account can be recovered from the underwriters. 

Upon this principle the following case was decided. The ship 
Themis was insured for 12 months; during which period she was 
captured, carried into Bergen, in Norway, and there condemned by 
the French consul. After sentence, she was put up to sale there, 
and re-purchased by the agent of the plaintiff; and this rc-purchase 
money the plaintiff insisted he was entitled to recover. The court, 
after two arguments, were unanimously of opinion, “ That, as the 
sentence of the French consul in a neutral country was contrary to 
the law of nations, and void, the property was never divested 
out of the original owner: that therefore the money paid for the 
repurchase was in the nature of a ransom. The ransom-acts are re¬ 
medial laws; and, in the construction of such acts, it is a rule to 
extend the remedy so as to meet the mischief. The legislature meant 
to prevent such a transaction as the present, because it would take 
away the chance of a re-capture. This transaction being done by an 
agent , at an auction , and on land, was immaterial, as the acts of par¬ 
liament had not described in what places, or in what form, a ran¬ 
som is prohibited.”— Havelock v. Roc/czvood, 8 Term Rep. 268. 

In cases of capture, the underwriter is immediately responsible to 
the insured. But, if the ship be recovered before a demand for in¬ 
demnity, the insurer is only liable for the amount of the ioss actually 
sustained at the time of the demand : or, if the ship be restored at 
any time subsequent to the payment by the underwriter, he shall then 
stand in the place of the insured, and receive all the benefits and 
advantages resulting from such restitution. All these regulations have 
their foundation in this great principle, that a policy of insurance is 
nothing more than a contract of indemnity. 

The underwriter is likewise answerable for all loss or damage 
arising to the insured, “ by the arrests, restraints, and detainments, of 
all Icings , princes, and people, of zvhat nation, condition, or quality, 
soever.” 

The only question then is, what shall be considered as such de¬ 
tention ? Lord Mansfield has said, that the insured may abandon in 
case merely of an arrest or embargo by a prince, not an enemy ; and, 
consequently such an arrest is a loss within the meaning of the word 
detention. — 2 Burr. 696. 

An embargo is an arrest laid on ships or merchandise by public 
authority, or a prohibition of state commonly issued to prevent fo¬ 
reign ships from putting to sea in time of war, and sometimes also 
to exclude them from entering our ports. Ships are frequently de¬ 
tained to serve a prince in an expedition, and lor this end have their 

loading 


BARRATRY of the MASTER or MARINERS. 235 


loading taken out, without any regard to the colours thcy f bear, or the 
princes to whose subjects they belong. And this is an arrest within 
the meaning of the policy. 

In case of a detention by a foreign power, which in time of war 
may have seised a neutral vessel at sea, and carried it into port to be 
searched for enemy’s property, all the charges consequent thereon must 
be borne by the underwriter : and whatever costs may arise from an 
improper detention, must always fall upon them. Saloucciv. Johnson, 
HU. 25 Geo. III. 

But, though an underwriter is liable for all damage arising to the 
owner of the ship or goods from the restraint or detention of princes, 
yet that rule is not extended to cases where the insured navigates 
against the laws of those countries, in the ports of which he may chance 
to be detained, or to cases where there shall be a seizure lor non¬ 
payment of custom. — 2 Vern. 176. 

If indeed any of those acts were committed by the master of the 
ship, without the knowledge of the insured, the underwriter would 
be liable, not for losses by detention, but for a loss by the barratry of 
the master. 

Since the case of Robertson v. Ewer, mentioned before, there seems 
to be very little doubt, but that an underwriter is liable to pay dama¬ 
ges arising by the detention or seizure of ships by the government of 
the country to which they belong; lor, an embargo had been laid by 
Lord Hood on all shipping at Barbadoes; and it was never doubted 
that the insurer was liable tor any loss which might have been sustained 
by such detention, provided the loss had happened to any of the pro¬ 
perty specifically insured. If the ship be detained by the order of 
the state before her departure for the voyage, but after the risk com¬ 
menced, the insurer, by our law, is liable for tie damage occasioned 
by such detention, as the words of the policy do in themselves import 
no restriction to restraints and embargoes by foreign potentates only. 
— Rotch v. Edie, 6 Term Rep. 413. 

Although the words of this part of the policy are, “ arrests, re - 
straints , and detainments, of all kings, prim es , and people, of what na¬ 
tion, condition, or quality, soever;” yet the word people must be un¬ 
derstood as applying to those people who are the ruling power of the 
country, and not to any assemblage of people who arrest the ship 
in a violent and riotous manner. — Nesbit v. Lushington, 4 Term 
Rep. 783. 

Before the insured can recover against the underwriter in cases of 
detention, he must first abandon to the insurers his right, and whatever 
claims he may have to the goods insured. This point will.be treated 
of under the head of Abandonment. 

V. BARRATRY OF THE MASTER OR MARINERS. 

Barratry is committed when the master of the ship or the mariners 
cheat the owners or insurers, whether it be by running away with 
the ship, sinking her, deserting her, embezzling the cargo, or by 
carrying a ship a course different from their orders. — fostlethwait's 
Diet. 1 vol. p.|36, 214. These definitions are so very comprehensive, 
that they seem to take in every case of barratry, known to the law 
of England. From a review of the decisions on this subject, it ap¬ 
pears, that any act of the master, or of the manners, which is of a. 
criminal nature, or which is grossly negligent, tending to their own 

benefit 


23 G 


MARINE INSURANCES. 


benefit, to the prejudice of the owners of the ship, without their con¬ 
sent or privily, is barratry. 

It is not necessary, in order to entitle the insured to recover for bar¬ 
ratry, that the loss should happen in the act of barratry; that is, it Is 
immaterial whether it take place during the fraudulent voyage, or after 
the ship has returned to the regular course ; for the moment the ship is 
carried from its right track, with an evil intent, barratry is cor^nitted. 
— Covvp. Rep. 155. 

But the loss in consequence of the act of barratry, must happen 
during the voyage insured , and within the time limited by the policy ; 
for, it' the captain be guilty of barratry by smuggling, and the ship 
afterwards arrive at the port of destination, and be there moored at an¬ 
chor tiventy-four hours in good safety, the underwriters ate not liable, if 
after this, she should be seized for that act of smuggling. — Lockyerw 
Offiey. i Term Rep. p. 252. 

If the act of the captain be done with a view to the benefit of 
the owners, and not to advance his own private interest, no barra¬ 
try is committed. To constitute barratry, it must be without the know¬ 
ledge or consent of the owners. 

In the following case all the doctrine on this head was fully con¬ 
sidered. It was an action on a policy of insurance upon goods on¬ 
board the Thomas and Matthew, from London to Seville. The po¬ 
licy was made in the common form, with liberty to touch at any 
ports or places, &c. The loss was assigned different ways in the de¬ 
claration ; first, by storms and perils of the sea, in consequence of 
which, the ship was obliged to go to Dartmouth to be repaired ; and 
that afterwards a farther loss happened by storms, &c. Secondly, 
that it happened by storms and perils of the seas in the voyage ge¬ 
nerally ; and, thirdly, by the barratry of the master. 

On the trial it was proved, that this ship was put up as a general 
ship from London to Seville; and was let to freight to one Darwin, 
to whom she was chartered by Brown, the captain ; that it is the course 
of vessels, going on this voyage, to stop at some port in the west 
of Cornwall, to take in provisions; that this ship having taken her 
cargo on-board, sailed from London to the Downs; that, while she 
lay there, all the other ships bound to the westward bore away, but 
she staid till the night after, and then sailed to Guernsey, which 
was out of the course of the voyage ; that the captain went there for 
his own convenience, to take in brandy and wine on his own account, 
after which he intended to proceed to Cornwall; that the night after 
the ship quitted Guernsey she sprung a-leak, which obliged her to 
put into Dartmouth. When she was refitted, she set sail again, and 
. proceeded for Helford, in Cornwall, where it was always intended 
she should stop to take in provisions; but, in her way, she received 
farther damage; and, qn her arrival there, was totally incapable of 
proceeding on the voyage, and the goods were much damaged. It 
was attempted, on the part of the defendant, to prove that one 
Willcs was the owner of the ship ; that the voyage to Guernsey was 
on his account; and that the goods, taken on-board there, were his 
property; but this evidence went little farther than information and 
belief, except that it was proved, that when the ship arrived at 
Helford, the wine was delivered to him in his cellar. The learned 
judge directed the jury, that, if the going to Guernsey was ivithout 
the knowledge of Darwin, it was barratry, and they ought to find for 
the plaintiff; but, if done with his knowledge, then it was not bar¬ 
ratry i 


BARRATRY of the MASTER or MARINERS. 


237 


ratry ; that, if they should be of opinion that it was without the 
knowledge of Darwin, he desired them to say, whether they tifought 
it was with the knowledge of Willes or not. The jury found a verdict 
for the plaintiff', and said, they thought the going to- Guernsey was 
without the knowledge of Darwin, whom they looked upon 10 be the true 
owner; but they were of opinion, it was with the knowledge of Willes. 

A motion was afterwards made for a.new trial; and. the case, 
being a questipn of great consequence to the mercantile world, was 
twice argued at the bar ; after which the judges w r ere unanimously 
of opinion, that the plaintiff was entitled to recover, and the follow¬ 
ing are their opinions delivered in giving judgement. 

Lord Mansfield. — The ground of the motion for a new ttial in 
this case is, that, under the circumstances, as they were given in 
evidence to the jury, the carrying the ship to Guernsey was merely 
a deviation, but not barratry. Much more stress was laid at the trial, 
than in either of the arguments, upon this fact; namely, that the 
deviation being with the knowledge of Willes, the owner (though not 
pro hdc vice) of the ship, it could never be barratry ; and, therefore, 
the jury were pressed to say, whether it was with the consent of 
Willes or not: and they said, it was. To be sure nothing is so clear, 
as that, if the owner of a ship insures and brings an action on the 
policy, he can never set up as a crime a thing done by his own di¬ 
rection or consent. It was therefore a material fact to proceed upon, 
if Willes had had any thing to do in the case; but he had not. It 
appeared to me, that the nature of barratry had not been judiciously 
considered or defined, in England, with accuracy. In all mercan¬ 
tile transactions, the great object should be certainty: and, therefore, 
it is of more consequence that the rule should be certain, than whe¬ 
ther the rule is established one way or the oihe*r; because specula¬ 
tors in trade then know upon what ground to proceed. His lordship 
then stated the three, cases above quoted from Strange; and, after 
giving a definition of the word barratry, he proceeded thus: in this 
case, the underwriter has insured against all barratry of the master; 
and we are not now in a case where the owner or freighter is privy 
f'o it; if we were, it is evident, that no man can complain of an act 
to which he is himself a party. In this case, all relative to Willes 
may be laid out qf if; he is originally the owner, but not the insurer 
here. Darwin was the freighter of the ship, and the goods that were 
on-board were his; if any fraud be committed on the owner, it is 
committed on Darwin. The question then is, what is the ground of 
complaint against the master ? He had agreed to go on a voyage from 
London to Seville; Darwin trusts he will set out immediately ; instead 
of which the master goes on an iniquitous scheme, totally distinct 
from the purpose of the voyage to Seville ; that it is a cheat and a fraud 
on Darwin, who thought he would set out directly; and whether 
the loss happened in the act of barratry, that is, during the fraudulent 
voyage, or after, is imiqaterial, because the voyage is equally alteredj 
even though there is no other iniquitous intent. But, in the present 
Case, there is a great deal of reason to say, that the loss sustained 
was in consequence of the alteration of the voyage. The moment 
the ship was carried from its right course, it was barratry; and here 
the loss happened immediately upon the alteration. Suppose the ship 
had been lost afterwards, what would have been the case of the in¬ 
sured, if he were not secured against the barratry of the master? 
He would have lost his insurance by the fraud of the master; for, it 

' was 




238 


MARINE INSURANCES. 


was clearly a deviation, and the insured cannot come upon the under¬ 
writers for a loss, in consequence of a deviation. Therefore, I am 
clearly of opinion, that this smuggling voyage was barratry of the 
master. 

Mr Justice Aston. — I wonder that there should remain a doubt, at this 
day, what is meant by barratry in the master. In different ordinances 
ditferent terms are used, but they all have the same meaning. In one of 
the ordinances of Stockholm it is called, “ knavery of the master 
or mariners;” and the tacts stated here clearly fall within that des¬ 
cription. Where it is a deviation with the consent of the owner of 
the ressel, and the master is not acting for his own private interest, in 
such case it is not ting but a deviation with the consent of the owner, 
and the underwriter is excused. In this case, the hulk of the ship 
belonged to Willes; but he had nothing to do with it, having char¬ 
tered it to Darwin ; the jury therefore did right in considering Dar- 
win the owner pro hue rice. Having considered him in that light, 
the conduct of the master was clearly barratry; for, he was acting 
for his own benefit, without intending any good to his owner, and 
without his consent and privity. Nobody knows when the first com¬ 
mencement of the injury happened, but most probably, on the re¬ 
turn of the ship to Dartmouth from Guernsey, where he had been for 
the purpose of smuggling. Therefore, I am clearly of opinion, that 
this change of the voyage, for an iniquitous purpose, was barratry, 
xvhieh is not confined to the running away with the ship, but com* 
prehends every species of fraud, knavery, or criminal conduct, i 4 
the master, by which the owners or freighters are injured. 

Mr Justice Whiles. — The only doubt I had in this case was, at 
what time the loss happened ; and I think it may be reasonably said 
to have happened in consequence of the smuggling voyage; for, if 
the ship had proceeded on her first intended course, she would have 
escaped the storm. Though this was a deviation, yet it is a fair and 
just rebutter to say, that it was barratry in the master, which is a 
peril insured against by the policy. 

Mr. justice Ashurst continued of the same opinion which he. held 
at the trial; and the rule for a new trial was discharged by the una¬ 
nimous opinion of the whole court. — Vallejo and another v, IVheder . 
Covsp. Rep. 143. 

Breach of an embargo is an act of barratry in the master. This 
was holden by Mr justice Buller in the case of Robertson v. Ewer, 
before-mentioned. 

Barratry implies something contrary to the duty of masters and 
mariners, in the relation in which they stand to the owners of the ship; 
and, although they make themselves liable to the owners of goods for 
misconduct, yet not for barratry, which can be committed against 
the owners of the ship, and them only. This point was. determined 
in an action brought by the assignees of a bankrupt, on a policy of 
insurance on goods, laefen in the ship Rachette, for a voyage from 
London to Rochelle. The cause was tried before Mr Justice Bqllerl 
when a verdict was found for the plaintiff, subject to the opiqiqq of 
the court, upon the following case: That the bankrupt shipped qii 7 
board the vessel in question goods tq the amount of <£'1800 for 
Rochelle. — That the captain, by the instigation an4 direction of Messrs , 
Le Grands, the owners of the ship , went with the ship and cargo to Bourn 
deaux, instead of Rochelle, where the cargo was sold by the ^gent of 
Le Grands. That a petition was presented by the plaintiffs to the 

Lieutenant 


BARRATRY of the MASTER or MARINERS. 239 


Lieutenant-General of the Admiralty of Guienne, stating the whole of 
the transaction between the bankrupt and the owners and captain; 
that, in order to procure a landing at Bourdeaux, their original desti¬ 
nation being at Rochelle, false bills of loading were made out by the 
captain, at the instigation of Le Grand ; tine petition concluded with 
u prayer for relief. In consequence of this petition, a decree was 
passed, declaring Rene Guine (captain) guilty of the crime oj barratry 
of tiie master, for having signed false bills of lading, &c. For repa¬ 
ration whereof, it sentenced him to perpetual service in the gaiieys. 
It also declared Dominique Le Grand guilty, and convicted of having 
been an instigator and accomplice of the said barratry of the master, 
and adjudged him to five years servitude in the galleys; and also 
decreed that the said Rene Guine and Le Grand should pay to the 
plaintiffs the amount of their loss and all charges and costs. The 
question on this case is, whether the plaintiffs were entitled to recover 
against the insurer. 

Lord Mansfield delivered the opinion of the court. —The general 
question here is on the construction of the word barratry in a policy 
of insurance. It is somewhat extraordinary, that it should have crept 
into insurances, and still more, that it should have continued in them 
so long; for, the underwriter insures the conduct of the captain, 
whom he does not appoint, and cannot dismiss, to the owner, who 
can do either. The point to be considered is, whether barratry, in 
the sense in which it is used in our policies of insurance, can be 
committed against any but the owners of the ship. It is clear beyond 
contradiction that it cannot; for, barratry is something contrary to 
the duty of mister and mariners , the very terms of which imply, 
that it must be in the relation in which they stand to the owners of the 
ship. The words used are the masters and mariners , which are very 
particular. An owner cannot commit barratry . He may make himself 
liable by his fraudulent conduct to the owner of the goods, but not 
as for barratry. And, besides, barratry cannot be committed against 
the owner, with his consent; for, though the owner may become liable 
for a civil loss by the misbehaviour of the captain, if he consents, yet 
that is not barratry. Barratry must partake of something criminal, 
and must be committed against the owner by the master or mariners* 
In the case of Vallejo and Wheeler, tne court took it for granted, 
that barratry could only be committed against the owner of the ship. 
The point is too clear to require farther discussion. — Nutt and others, 
assignees of Hague v. Bour die u. 1 Term Rep. 323. 

If the owner be also, the master of the ship, any act, which, in 
another master, would be construed barratry, cannot be so in him; 
but, where the person, who acts as master, is proved to have carried 
her out of her course for fraudulent purposes of his own, this is pr.ima 
facie evidence of barratry; and it is incumbent on the underwriter, if 
he can, to prove that such person was owner as well as master — 
Boss v. Hunter , 4 Term Rep. 33. 

If the parties insert in-thu.policy that the insurance shall be upon 
the ship, in any lawful trade , if the captain commit barratry by smug¬ 
gling, the underwriters are answerable. For, otherwise, the word 
barratry should be struck out of the policy ; and most clearly the 
stipulation in the policy, respecting the employment of the ship in a 
lav.Jut trade, must mean, as was said by Lord Kenyon, in delivering 
the unanimous opinion of the court, the trade on which she is sent by 
the owners. — IdavelocK v. Hemal. 3 Term Rep. 277. 

A 




240 MARINE INSURANCE S. 

A very accurate definition of one species of barratry has been laid 
down in the case of Ross v. Hunter. This was an insurance on goods 
on-hoard the Live Oak, at and from Jamaica to New Orleans. She 
sailed on the voyage insured in May, 1783 ; and arrived, in June fol¬ 
lowing, at the mouth of the river Mississippi. When the captain had 
got thus far, he dropped anchor ; and went in his boat up the river to 
New Orleans ; and, on his return, without carrying the ship to her 
port of destination, stood away for the Havannah; after his depar¬ 
ture whence, he was never afterwards heard of. A verdict was 
found for the plaintiff against the underwriter. Mr Justice Buller 
said, in one sense of the word, barratry is a deviation by the captain, 
for fraudulent purposes of his' own. 1 hen the question in this case is, 
whether .the captain did deviate with a fraudulent view. The jury have 
thought that he had a fraudulent intention, and therefore the verdict 
is right. 4 Term Rep. 33. 

So also, if the master of a ship, contrary to the instructions of his 
owner , cruize for and take a prize, and the vessel is afterwards lost, 
he is guilty of barratry , even thongh he prosecute the prize in the 
court of admiralty in the name of himself and his owner, and though 
the owner had procured a letter of marque solely with a view to en¬ 
courage seamen to enter, and without any intention of using it for 
the purposes of cruising; for, whatever is done by the captain to defeat 
or delay the performance of the voyage, is barratry in him, it feeing 
to the prejudice of his owners; and, though the captain might con~ 
ceive what he did was lor their benefit, yet, if he acted contrary 
to his duty to them, it is barratry. — Moss v. Byrom, 6 Term 
Rep. 379. 

It was, however, lately contended, that, if a vessel deviated 
from the voyage insured, through the ignorance of the captain, it 
amounted to barratry. But the court of King’s Bench, after con¬ 
siderable argument, were unanimously of opinion, that there must 
be fraud, to constitute barratry. — Phyn v. Roy . Exch. Ap. 7 Term 
Rep. 505. 

VI. PARTIAL LOSSES and ADJUSTMENT. 

A total loss does not always mean that the property insured is irre¬ 
coverably lost or gone; but that, by some of the perils mentioned in 
the policy, it is in such a condition, as to be of little use or value tQ 
the insured, and so much injured as to justify him in abandoning it 
to the insurer, and in calling upon him to pay the whole amount of 
his insurance, as if a total loss had actually happened. But a total 
loss is so intimately blended with the doctrine of abandonment, that 
we shall refer what may be said on the subject till we come to the 
head of Abandonment. Here it will be sufficient to remark, that, iq 
case of a total loss, literally so called, the prime cost of the property 
insured, or the value mentioned in the policy, must be pajd by the 
underwriter, at least as far as his proportion of the insurance ex ? 
tends. The insurer has nothing to do with the market; he has no 
concern in any profit or loss which may arise to the merchant from 
the sale of the goods. If they be totally lost, he must pay |he value 
of the thing he insured at the outset ; he has no concern in any sub¬ 
sequent value. So, if part of the cargo, capable of a several and 
distinct valuation at the outset, be totally lost, as, if there be one 

hundred 


21 ! 


PARTIAL LOSSES and ADJUSTMENT. 

hundred hogsheads of sugar, and ten happen to be lost, the insurer must 
pay the prime-cost of those ten hogsheads, without any regard to the 
price for which the other ninety may be sold. 

The word average, in policies , has two significations; it means “ a 
contribution to a general loss;” and it also is used to signify “ a particular 
partial loss ” That which means “ a contribution to a general loss” will 
be treated of in the next division. 

Partial loss (the subject of our present inquiry) implies a damage, 
which the ship may have sustained, in the course of her voyage, from 
any of the perils mentioned in the policy: when applied to the cargo, 
it means the damage which goods may have received, without any fault 
of the master, by storm, capture, stranding, or shipwreck; although the 
whole, or the greater part thereof, may arrive in port. These partial 
losses fall upon the owners of the property so damaged, who must be 
indemnified by the underwriter. Put the underwriters of London ex¬ 
pressly declare, as appears from a memorandum at the loot of the poli¬ 
cy, that they will not answer for partial losses, not amounting to 3 , per 
cent. This clause was intended to prevent the underwriters from being 
continually harrassed by trifling demands. But, at the same time that: 
they provide against trifling claims for partial losses, they undertake to 
indemnify against losses, however inconsiderable, that arise from a 
general average. 

When we speak of the underwriters being liable to pay, whether for 
total or partial losses, it must always be understood, that they are liable 
only in proportion to the sums which they have underwritten. Thus, 
if a man underwrites 100/. upon property valued at 5001. and a totaL 
loss happened, he shall be answerable for 100/. and no more, that being 
the amount of his subscription ; if only a partial loss, amounting to 60L 
or 70/. per cent, upon the whole value, he shall pay 60/. or 70/. being 
his proportion of the loss. 

As to the question of how the proporfion of damage is to be ascer¬ 
tained, the grand and leading case is that of Lewis and another v. Rucker, 
2 Burr. 1167, from which, as it was so ably treated by Lord Mansfield, 
we think it necessary to give eppious extracts. 

A rule having been obtained by the plaintiffs, who were the insured, 
for the defendant, (the insurer,) to shew cause, why a verdict, obtained 
by him, should not be set aside and a new trial had. 

The court, after hearing the matter fully debated, took time to ad¬ 
vise, and their unanimous opinion was delivered, to the following 
effect, by 

Lord Mansfield.—This was an action brought upon a policy, by the 
plaintiffs, for Mr James Bordieu, upon the goods on-board .a^ ship, 
called the Vrow Martha, at and from St Thomas’s Island to Hamburgh, 
from the loading at St Thomas’s Island till the ship should arrive and 
land the goods at Hamburgh. The goods, which consisted of sugars, 
coffee, and indigo, were valued ; the ciaycd sugars at 30/. per hogshead; 
the Muscovado sugars at 20/. per hogshead; and the coffee and indigo 
were likewise respectively valued. The sugars were warranted free 
from average, (that is, partial loss,) under 51. per cent , and all other 
goods free from average under 3/. per cent, unless general or the ship 
be stranded. 

In the course of the voyage, the sea-water got in ; and, when the 
ship arrived at Hamburgh, it appeared that every hogshead of sugar 
was damaged. The damage the sugars had sustained made it neces¬ 
sary to sell them immediately; and they were accordingly sold*: but 

R the 





MARINE INSURANCES. 


21-2 

the difference between the price which they brought, on account of 
the damage, and that which they might then have been sold for at Hafn- 
burgh, if they had been sound* was as 20/. 0$. 8 d. per hogshead is to 
23/. 7.v. 8 d. per hogshead: (that is, if sound, they would have been 
worth 23/. 7s. 8 d. per hogshead:) as damaged, they were only worth 
20/. Os. Sd. per hogshead. 

The defendant paid money into court, by the following rule of esti¬ 
mating the damage : he paid the like proportion of the sain , at which the. 
sugars Were rallied in the policy, as the price of the damaged sugars ; bore to 
sound sugars at Hamburgh, the port of delivery. And the only question 
was, by what measure or rule the damage, upon all the circumstances 
pf the case, ought to be estimated. 

The special jury (amongst whom there were many sensible mer¬ 
chants) found the defendant’s rule of estimation to be right, and gave 
their verdict for him. 

And it is now the duty of the court to say, whether the jury have 
estimated the damage by a proper measure. This is the rule by which 
it was estimated. 

The defendant takes the proportion of the difference between sound 
and damaged at the port of delivery, and pays that proportion upon 
the value of the goods specified in the policy; and has no regard to the 
price in money, which either the sound or the damaged goods bore in 
the port of delivery. He says, the proportion of the difference is 
equally the rule, whether the goods come' to a rising or a falling mark¬ 
et. For instance, suppose the value in the policy to be SOL the goods 
are damaged but sell for 40/.—if they had been sound they would have 
sold for 501. ; the difference then between the sound and damaged is a 
fffth, consequently the insurer must pay a fifth of the prime cost, or 
value in the policy, that is 61. e converso, if they come to a losing mar¬ 
ket, and sell for 10/. being damaged, but would have sold for 20 1. if 
sound, the difference is one-half: the insurer must pay half the prime- 
cost, or of the value in the policy, that is 15/. 

To this rule an objection has been made: that it is going by a diffe¬ 
rent measure in case of a partial, from that which governs in case of a 
total, loss: for, upon a total loss, the prime cost or value in the policy ' 
must be paid. The answer to such objection is, that the distinction is 
founded in the nature of the thing. Insurance is a contract of indem¬ 
nity, against the perils of the voyage, to the amount of the value in the 
policy; and, therefore, if the thing be totally lost, the insurer must pay 
the whole value which he insured at the outset. But, where a part of 
the commodity is spoiled, no measure can be taken from the prime-cost 
to ascertain the quantity of the damage sustained. The only way is, 
to fix whether the thing be a third or fourth worse than the sound com¬ 
modity ; and then you pay a third or fourth of the prime-cost,- or value 
of the 1 goods so damaged. 

We are of opinion, that the rule by which the jury have gone is the 
right measure. 

Wherever there is a specific description of casks or goods, the rule 
of estimating the average is as above-stated ; but, in a subsequent case, 
the property, which consisted in various goods taken from an enemy, 
was valued at the sum insured, and part was lost by perils of the sea; 
consequently the same rule could not be adopted, on account of the na¬ 
ture ot the thing insured. The only mode was, to go into an account 
c-f the whole value of the goods, and take a proportion of that sum 
as the amount of the goods lost.— Le Cras v. Hughes; East. Term, 22 
Geo. III. Since 



PARTIAL LOSSES and ADJUSTMENT. 248 

Since the 10 Geo. II. the constant usage has been to let the valuation 
fixed in the policy remain, in case of a total loss; unless the defendant 
can shew that the plaintiff had a colourable interest only, or that he has 
greatly over valued the goods: but a partial loss opens the policy, so 
that the value or the goods must be proved. 

Some goods are in their nature perishable ; and therefore the under- 
writers have, by express words inserted in their policy, declared, that 
they will not be answerable for any partial loss happening to corn, fishy 
salt, fruit, flour, and seed , unless it arise by way of a general average, 
or unless the ship be stranded. Upon this clause it is necessary to ob¬ 
serve, that corn is a general term, and includes many particulars ; peas 
and beans have been held to come within the meaning of the word.— 
Mason v. Shirr ay ; sitt. after Hilary, 1780. 

But, in a triai at Guildhall, in the Court of Common-Pleas, Mr Justice 
Wilson was of opinion, that the term salt did not include saltpetre — 
Journu v. Bourdieu; sitt. after East. Term, 27 Geo. III. 

There cannot be a total loss of corn, fish, salt, fruit, flour, or seed, 
but by the absolute destruction of the thing insured; for, while it specifi¬ 
cally remains, though wholly unfit for u^e, and though the loss of it ex¬ 
ceeds the sum to be paid for the freight of it, this is not such a loss as 
is to be borne by the underwriters,— Wilson v. Smith, 3 Buir. 1550.—- 
Mason v. Skurray ; sittings after Hilary-Term. 1780.— Cocking v. Fraser 9 
K. B. 25 Geo, III. 

The case of M ( Andrczvs v. Vaughan; (Sittingsat Guildhall, after Mich. 
1793,) was an insurance on fruit from Lisbon to London. The ship 
was captured and re-captured, brought into Portsmouth, and afterwards 
arrived at London: but the cargo, by the capture, re-capture, and con¬ 
sequent length of the voyage, had sustained a damage of 80/. per cent. 
The assured never heard of the capture till the ship was safe at Ports¬ 
mouth, and then he offered to abandon. Lord Kenyon said, “as there 
had Been no stranding, there cannot be a recovery for a partial loss. 
Had the plaintilf heard of the capture only, he might have abandoned; 
but he heard nothing of the accident till the ship was in safety. The 
cargo arrives at the port of destination, and though it is good for very 
little, yet it has been invariably holden, that either the voyage must be 
lost, or the cargo (if it be one of those mentioned in the memorandum) 
must be wholly and actually destroyed to entitle the assured to re¬ 
cover.” The plaintiff was accordingly nonsuited. 

For, as to these articles, the underwriters are liable for partial losses 
in two cases only, viz. that of a general average, or if the ship be 
stranded.— Nesbitt v. Lushington; 4Term Rep. 783. 

But, in the long-disputed and recent case of Burnett v. Kensington , 
(7 Term Rep. 210,) two questions on this subject came under consider¬ 
ation : the first was, What should be deemed to be a stranding ? and 
the second was. Whether the loss must actually arise from the strand¬ 
ing ? It was on a policy of insurance on fruit, on-board the Commerce, 
at and from Malaga, to Plymouth and Portsmouth. On the 30th of 
November, 1794, the ship sailed from Malaga with a cargo of lemons 
and oranges: on the 29th of January, 1795, she arrived off Scilly; and, 
between seven and nine in the morning of that day, struck on a sunken 
rock : she did not refnain on the rock ; but, in consequence of her strik¬ 
ing thereon, several of her planks were started, and the water imme¬ 
diately after flowed into the hold and over the cargo, and continued to 
increase in the hold for about three hours and a half. About twelve 
o'clock on the same day, the ship was stranded, on the beach at Scilly, 

R2 • by 


GENERAL AVERAGE* 


m 

by the captain, under direction of a pilot, who had come on-board her 
from the shore, in order to save the ship and cargo. The ship con¬ 
tinued some time upon the beach, during which time the water again 
flow ed in and over part of the cargo at the return of the tide. The 
ship afterwards proceeded on her voyage, and arrived at Plymouth on 
the 21th of February following. The cargo of fruit was very much da¬ 
maged ; and a small part thereof left at Scilly, being entirely unfit for 
use. The ship received no damage in consequence of the stranding : 
the damage she received w r as entirely from the rock on which she 
struck : part of the damage the cargo received was occasioned by the 
water flowing into the ship previous to her being laid on the beach, 
and part was occasioned by the water that flowed in subsequent to 
the time of her being laid on the beach : but the cause of the water 
flowing in arose entirely from the shi-p striking on the rock, and not 
from any mischief done to the ship by the stranding. These w ere the 
facts of the case, which, however, had been tried four times before they 
could be so agreed on. The jury at length determined that, although 
the ship was gotten off without any damage, yet it was a stranding ; 
and the court declared the law to be, that, as a stranding had happen¬ 
ed, bona fide , and without any fraudulent design, the condition had 
occurred which rendered the underwriter liable for a partial loss, 
although the damage sustained was not occasioned by the stranding. 

In a late case at Guildhall, Lord Kenyon told the jury, that a ship’s 
returning on some wooden piles, four feet under water, erected on Wis- 
beach river, to keep up the banks of the shore, and laying on such 
piles till they were cut away, was a stranding within the policy.— Dob¬ 
son v. Bolton; Sittings after Easter, 1799. 

When the quantity of damage sustained in the course of the voyage 
is known, and the amount, which each underwriter of the policy is 
liable to pay, is settled, it is usual for the underwriter to endorse on the 
policy, “adjusted this loss at so much per cent.” or some words to the 
same effect.—-This is called an adjustment. 

After an adjustment has been signed by the underwriter, if he refuse 
to pay, the owner has no occasion to go into a proof of his loss, or any 
of the circumstances respecting it, unless fraud w r ere used in obtaining 
the adjustment; or unless there had been some misconception of the 
law or fact upon which it was made.— Rodgers v. Maylor, Sitt. after 
Trin. 1790, and De Garron v. Galbraith, Micji. Term, 36 Geo. 111. . 

If any insurer pay money for a total loss, and in fact it be so at the 
time of adjustment; if it afterwards turn out to be only a partial loss, he 
shall not recover back the money so paid to the insured; for, substan¬ 
tial justice is done by putting him in place of the insured and giving 
him all the advantages that may arise from the salvage .—Du Costa y. 
-Frith. 4 Bur. 1766. 


VII. GENERAL AVERAGE. 

Whatever the master of a ship in distress does for the preservation of 
the whole, in cutting away masts or cables, or in throwing goods over¬ 
board to lighten his vessel, which is what is meant by jettison orjetson, 
is permitted to ber brought into a general average : in which, all who 
are concerned in ship, freight, and cargo, are to bear an equal or pro¬ 
portionable part of the loss of what was so sacrificed for the common 
welfare ;• and it must he made good by the insurers in such proportions 
as they have underwritten. — 1 Magens, 55. 


In 


GENERAL AVERAGE. 


245 


Ip. order to make the act of throwing the goods overboard legal, the 
skip must be in distress, and the sacrilicing a part must be necessary to 
preserve the rest. 

If the ship ride out the storm, and arrive in safety at the port of des¬ 
tination, the captain must make regular protests, and must swear, in 
which some of the crew must join, that the goods were cast overboard 
for no other cause but for the safety of the ship and the rest of the 
cargo. Beawes, 148. Molloy, 1. 2. c. 6. s. 2. 

There can be no contribution (which is another word used frequent¬ 
ly for this species of average) without the ejection of some goods, and 
the saving of others: but it is not always necessary, for the purpose 
of contribution, that the shi£> should arrive at the port of destination. 

If the jettison does not save the ship, but she perish in the storm, 
there shall be no contribution of such goods as may happen to be saved ; 
because the object, for which the goods were thrown overboard, was 
not attamed But if the ship, being once preserved by such means, and 
continuing her course, should afterwards be lost, the property saved from 
the second accident shall contribute to the loss sustained by those whose 
goods were cast out upon the former occasion.— 1 Magens, 57. 

It is hardly necessary to state, with minuteness, the various accidents 
and charges that .will entitle the party suffering to call upon the rest for 
a contribution; because, we may refer them all to this principle, that 
^li losses sustained, and expenses incurred, voluntarily and deliberately, 
with a view to prevent a total loss of the ship and cargo, ought to be 
equally borne by the ship and her remaining lading. Such, for instance, 
is the damftge sustained in defending a ship against an enemy or pirate : 
such i . the expense of curing, and attendance upon the officers or mari¬ 
ners wounded in such defence; and such also is the sum which the 
piaster may have promised to pay tor the ransom of his skip to any pri¬ 
vateer or pirate, when taken. * A master who has cut his mast, parted 
with his cable, or abandoned any other part of the ship and cargo, in a 
storm, in order to save the ship, is well entitled to this compensation; 
but if he should lose them by the storm, the loss falls only upon the ship 
and freight; because the tempest only was the occasion of tiiis loss, 
without ttie deliberation of the master and crew ; and it was not done 
with a view to save, the ship and lading. Upon the same principle it is 
established, that when a ship arrives at the mouth of a harbour, and 
the master, findiyg that his ship is too heavy laden to sail up, is obliged 
to put part of the cargo into hoys and barges; the owners of the ship 
and of the goods that remained are obliged to contribute if the lighters 
perished. But if the ship should be lost, and the lighters saved, the 
owners of the goods so preserved were not to contribute "to the proprie¬ 
tors of the ship and cargo lost. — Magens, 96, 183. 

The difference is this, the lightening of the ship was an act of deli¬ 
beration for the general benefit : whereas the circumstances of the light,- 
ers being saved, and the ship lost, was accidental, no waj r proceeding 
from a regard for the whole. — 1 Magens, 56. ' ■' 

It is not only the value of the goods thrown overboard that must be 
considered in a general average, but also the value of such as receive 
any damage by wet, &c. from the iettison of the rest.—Beawes, 148'.’ 
Molloy, L 2. c. 6. s, 8. 

* This charge, however it may $xist w th foreigners, cannot be brought into an ave¬ 
rage for a British ship or cargo; for, by the ?.2d Geo. lit, c. 115, ttyc ransejning any 
iuch is made void, and is expresrjy forbidden. 

iu r 


245 


marine insurances. 


If a ship he taken by force, carried into some port, and the crew re¬ 
main on-board to take care of and reclaim her, not only the charges of 
reclaiming shall be brought into a. general average, but the wages ancj 
expense of the ship’s company during her arrest, irom the time of her 
capture, and being disturbed in her voyage. — Beawes, J50. 

But sailors wages and victuals, when they are under a necessity of 
performing quarantine, (in which case the master would ba v e beenf 
obliged to maintain and pay them, though his vessel had arrived only 
in ballast) do not come into general average, yet charges, occurring by 
an extraordinary quarantine, shall be brought into a general average. 

Whether the extraordinary wages and victuals, expended during the 
detention by a foreign prince not at war, ought to be brought into a 
general average, so as to charge the underwriter, has never been ex¬ 
pressly determined, although it seems to be the general opinion that 
they should. 

So, likewise, where a ship is obliged to go into port for the benefit of 
the whole concern, the chaiges of loading and unloading the cargo, and 
taking care of it, and the wages and provisions of the workmen hired for 
the repairs , become general average.— Da Costa v. Newnham , 2 Term 
Rep. 407. 

By the antient laws of Rhodes, Oleron, and Wisbuy, the ship and 
all the remaining goods shall contribute to the loss sustained. The most 
valuable goods, though their weight should have been incapable of put¬ 
ting the ship in the least hazard, as diamonds or precious stones, must 
be valued at their just price in this contribution, because they could not 
have been saved to the owners but by the ejection of the Other goods. 
Neither the persons of those in the ship, nor the ship-provisions, nor 
the respondentia-bonds, suffer any estimation: nor does wearing ap¬ 
parel in chests ai;d boxes, nor do such jewels as belong to the per sop 
merely; but if the jewels are a part of the cargo, they must contribute. 

Those vyho carry jewels by sea ought to communicate that circum¬ 
stance to the master; because the care of them will be increased in pro¬ 
portion to their worth, to prevent their being thrown overboard pro¬ 
miscuously with other things: and hence their preservation will be a 
common benefit.— 1 Magens, 63. 

The wages of sailors are not to contribute to the general loss; a pro¬ 
vision intended to make this description of men more easily consent tq 
a jettison, as they do not then risk their all, being still assured that their 
wages will be paid.— 1 Nagens, 71. 

The way pf fixing a right sum, by which the average ought to be 
computed/can only be by examining what the whole ship, freight, and 
cargo, if no jettison had been made, would have produced net, if they 
all had belonged to one person, and been sold for ready money. And 
this is the sum whereon the contribution should be made, all the par¬ 
ticular goods bearing their net proportion.— 1 Magens, 69. 

Gold, silver, and jewels, contribute to a general average, according 
to their full value, and in the same manner as any other species of mer* 
chandise.—1 Magens, .6% and Deters v. Milligan ; sittings at Guildhall 
after Michaelmas, 1787. 

contribution is in general not made till the ship arrive at the 
place of delivery : but accidents may happen, which may cause a con¬ 
tribution before she reach her destined port. Thus, when a vessel has 
been obliged to make a' jettison, or by the damages suffered, soon 
iiiter sailing, is obliged to return to her port of discharge, the ne¬ 
cessary 


GENERAL AVERAGE. 


24? 


eessary charges of her repairs, and replacing the goods thrown over¬ 
board, may then be settled by a general average. — 1 Magens, 60. 

It is necessary here to add, that, as all sums Which are paid on ac¬ 
count of general average may be recovered by action from the under¬ 
writers, so any person, whose goods have been thrown overboard, or 
who has expended money, for the general preservation of ship and 
cargo, may obtain repayment by application to a court of equity for a 
general contribution. 

The following Examples of adjusted Averages are here subjoined, having 
received the approbation of some experienced Merchants 

The Sea-horse, Captain Dix, laden with hemp, flax, and iron, 
bound from Riga to London, ran on shore, coming through the 
Grounds, at Elsineur; the captain hired a great number of men and 
several lighters to lighten the ship and get her afloat again; which was 
soon done, but he w T as obliged to pay 120/. for their assistance. 
This expense being incurred to preserve both ship and cargo, the 
average must consequently be general. When the ship arrived at 
London, the captain immediately made a protest and an average-bill % 
he then went to the merchant, to whom his goods were addressed, to 
have it signed, and to know the value of each man’s property. 


Average accruing to the Ship Sea-horse, from Riga to London, in 1782, 
for Assistance in getting of the Strand of Elsineur . 


sistance in getting the ship off 
Protest and postages — 


Should the ship arrive at London, she will make 700/. 

freight — — — — 

Wages, for all the people, 3 months and 1 

10 days — — c£l39 10 0> 

O) 


Victuals for ditto 


— 110 10 
Freight to contribute 


Ship Sea-horse valued at «— — 

Freight valued at — — 

F. J. for value of hemp, as per invoice 
D. N. for value of flax — 

To R v for value of iron -**- 


£, 

s . 

d. 

- 120 

0 

0 

2 

0 

0 

122 

0 

0 

- 700 

0 

0 

250 

0 

0 

■ 450 

0 

0 

• 4000 

0 

0 

• 450 

0 

0 

• 6000 

0 

0 

• 1000 

0 

0 

350 

0 

0 

11800 

0 

0 


Jf 11800/. loss give 122/. what will 100/. loss give? 

Answer U. 0s, 8d, percent ; 








2 iS MARINE INSURANCES 

The ship must bear 4000/. at ll. Os. Sd. (which the 
insurers return) — — — — 

Freight, 450/. at ll. Os. Sd. per cent. — -— 

F. J. pays the captain for 6000/. at the same rate — 

D. N. pays the same for 1000/. — — 

T. R. pays the same for 350/^ — — — 


£. s. cL 

41 7 <2 

4 13 O 
62 0 6 
10 7 0 

3 12 4 


122 0 0 


The Mary, Captain T. partly laden with goods, sailed in May, 
1782, from London, bound to St Petersburgh. She sailed the third of 
that month, and, after an agreeable passage, arrived at Elsinenr on the 
tenth, whence she sailed the same day, with a fair wind, for St Peters- 
burgh: the next day a heavy gale of w'ind rose contrary, insomuch, 
that it obliged the captain to bear away for Elsineur again; but, night 
coming on, and the gale increasing, it .being so dark that it was unsafe 
to continue running in such a dangerous place, thickly beset with many 
sands, and having a strong current, the captain judged it best to bring 
the ship to an anchor, which he accordingly did in 15 fathoms water. 
ISefore the ship had been at anchor half an hour, she began to drive ; 
and, as she still kept driving, with both anchors a-head, and the wind 
blowing stronger and stronger, they found it impossible to purchase 
their anchors: then the captain and ship’s company judged it safest to 
cut the cables, in order to save their own lives and the ship and cargo, 
and take the chance in running for the Roads: luckily they got safe 
in ; and, the weather abating, they brought up with a small anchor. 

The Mary then wanted cables and anchors before she could proceed 
to St Petersburgh ; the master, therefore, went directly omshore, bought 
them, and paid the following sums; 

£. s. d. 

Protest — — — — — 0 10 0 

Two new cables and buoy-ropes — £%$ 10 O 

One-third always deducted for new — 29 16 8 

- 59 13 4 

Two anchors and two buoys — — — 37 15 0 

Charges in getting them ou-board, &c. =: — 2 18 


100 0 0 


As the cables were cut away for preservation of ship and cargo, it 
must be a general average, and both must contribute to pay the dam¬ 
ages sustained. The captain made the following average-bill, on his 
arrival at Petersburgh, in order to recover the damages. 


Average accrued to the Mary , for the Loss of her Anchors and Cables , 
in prosecuting her Voyage from London to St Petersburgh > 1782. 

£. s. d. 


Ship Mary valued at — — — 

Freight (after wages and victuals deducted) valued at 
O. P.’s value Of goods — — 

V. R.’s value of goods —> — 

T. T.’s value of goods — — 


800 0 0 
50 0 0 
700 0 0 

225 0 0 

25 0 0 


1800 0 0 

If 










GENERAL AVERAGE. 


249 


If 1800?. loss give 100/. what will 100/. loss give? 

Answer 51. 11 s. id. percent* 

The ship must bear 800/. at 51. 11s. Id. percent. . — 44 8 3 

The freight must bear 50/. at the same — — 2 15 3 

O. P. must pay the captain, at St Petersburgh, 

for 700/. at the same — — £33 17 9 

V. R. must pay for 22.5/. at the same — 12 10 0 

T. T* must pay for 2 51. at the same — 17 11 

—--52 15 8 


100 0 o 


.Having received 52/. 155. 8 d. of the owners of the goods, at 
Petersburgh, the captain sends his protest and average-bill to his owner, 
to receive of the underwriters their shares of the loss upon the slup and 
freight. 


Captain T. of the Sea-Ad venture, bound from London to Virginia, 
in ballast, was riding at anchor in the Downs, with a large fleet of 
ships, in a gale of wind. She had not been at anchor long before she 
began to drive, and the captain, perceiving her to be in great danger 
of being on-shore, or else foul of the other vessels, judged it satest 
to cut his cables, as he must have been driven on-shore if he had 
not. After the gale was over, he went to Dover, bought new an¬ 
chors and cables, and drew upon his owner for the amount of them, 

£. s. d ,. 

— 34 18 O 

— 54 2 O 

— 0 10 o 

— 2 15 O 


92 5 O 

The captain then sent the charges of reinstating the cables and an¬ 
chors cut away, and of the protest, to his owner, that he might re¬ 
cover of the insurers the damage sustained. 

State of the Sea-Adventure’s Average. 

£. s. d. 

Two anchors and two buoys — — — 34 18 0 

Rope-maker’s bill — — 0 £’54 2 0 

One-third always deducted for new — 18 0 8 

- 36 I 4 

Protest — — — — 0 10 0 

Charges in getting the anchors, &c. on-board — 2 15 0 


74 4 4 

Ship valued at 2000/. 

If 2000/. loss give 74/. 45.-4d. what will 100/. loss give? 

Answer 31. 145. 2 \d. per cent. ■ 

Observe 


Two anchors and buoys — 
Rope-maker’s bill for new cables, &c. 
Protest '— — — 

Charges in getting them on-board 











250 


MARINE INSURANCES. 


Observe, if a ship had been riding in a gale of wind, and the 
cables had parted, that loss would have fallen upon the owners; for, 
the underwriters are not liable to pay for wear and tear. 

This may serve <*s a similar case for all ships in ballast that have cut 
away their masts, cables, &c. for preservation. 


A loaded ship met with such exceeding bad weather, that the master 
and mariners found it impossible to save her without throwing part of 
her cargo overboard, which they are authorised to do for preservation. 
Being thus necessitated, they threw such goods overboard as lay nearest 
at hand, and lightened the ship of ten casks of hardware and thirty 
hogsheads of sugar, which they judged sufficient to keep her from 
sinking. Soon after that, the ship arrived at her destined place, and 
then an a,verage-bill was immediately made, in order to adjust the loss, 
and to pay the proprietors pf those goods which were thrown over for 
the good of the whole. 


Average accrued to the Skip 


for Goods thrown overboard, for 


Preservation of the Ship, Freight, and Cargo . 


Ship valued at — — 

Freight (wages and victuals deducted) 
J. R.’s value of goods — — 

J. IVs value of goods — — 

R. F.’s value of goods — 

A. W. for 30 hogsheads of sugar 
Ju. L. for 10 casks of hardware 


If 12000/. loss give 2000/. what will 100/. loss give? 


Mr. A. W/s goods, thrown overboard, were valued at 
Mr. L. L.’s ditto — — — - 


The ship must pay to A.W. and L, L. for 2000/. at 
1 61. ] 3s. 4 d. per cent . — *— — 

The freight 200/. at 16/. 13s. 4 d. percent . — 

J, R. for 6000/. at the same — —■ — 

J. P. for 300/. at the same — — — 

R, F. for 1500/. at the same — — ■— 


£. 

s. 

d ,. 

■ 2000 

0 

0 

■ 200 

0 

0 

• 6000 

0 

0 

• 300 

0 

0 

• J500 

0 

0 

■ 800 

0 

0 

■ 1200 

0 

0 

12000 

0 

0 

s, 4 d. per cent « 

£. 

s. 

d. 

800 

0 

6 

• 1200 

0 

0 

2000 

0 

0 



✓ 

• 332 

6 

8 

33 

6 

| 

• 1000 

0 

0 

50 

0 

0 

■ 250 

0 

0 

1666 

13 

4 


A.W. and L. L. receive, of the owners of the goods saved, and 
of the ship’s owners or captain, 1666/. 13s. 4d. for the value of 
their goods thrown overboard j which they divide thu.s; 










GENERAL AVERAGE. 


251 


If 2000/. receive 1666/. 13s. 4 d. what will 800/. 

Answer c £666 13 4 

Insurers pay for 800/. at 16/. 13s. 4 A. per cent. — 133 6 8 


800 0 O 


A. W. receives of the underwriters 3 6/. 13s. 4c?. per cent, for the 
sum that he insured, and of the owners 9!' what was saved 6667. 13s. 4 d. 
which is equal, to the loss he sustained by his property being thrown 
overboard. 

<£. s. £?. 

Ju. L. receives, of the owners of the ship and goods 

preserved —- — — — 1000 O O 

And the insurers, for the 1200/. which he had insured, 

at 161. 13s. 4 d. percent. — — — 200 0 V 

Value of L. L.’s property 1200 O O 


It is usual for the owners of goods preserved, and also for the 
owner of the ship, to pay their average to the sufferers on receipt of 
their goods and on delivery of the ship; their redress being upon the 
insurers, who must return the same. 


The Mary, Captain Thompson, at Leghorn, bound to London, sailed 
with a fair wind, which continued for some days, when she -was board-* 
ed by pirates, who forcibly took away six large guns, two cables', two 
anchors, much cabin-furniture, and one compass, leaving the ship with¬ 
out other damage. A violent storm afterwards arose, which disabled 
the ship so much, that the men, who laboured hard at the pumps, 
could scarcely keep her from sinking. This continued so long, that 
the men, wearied out,.gave themselves up for lpst, and discontinued 
their labour. The captain supplied them with wine, and, to animate 
them, promised a gratuity of twenty guineas to each man if they 
brought the ship safe info port. This gave the men sueli spirits, that 
though they lost all their masts, they brought tiie ship safe to London 
under jury-masts, &c. 

Here was a general and a particular average. But, although the 
gratuity given to the seamen was to preserve both ship and cargo, and 
was admitted into a general average, it w r as done so only as a malter 
of favour, and not of right. What the pjrates stole, and other damages 
done to the ship, must make a particular average. 


The sloop Christians and Betsy, Captain Watson, on her passagfe 
from St Ubes to Bristol, met with a very heavy gale of wind, the sea 
breaking over her, and the vessel making much water; the captain 
determined on cutting away the jib, as he could not take it in ; but, 
before that could be done, a sea struck the vessel, and broke the 
botvsprit. The wreck of the bowsprit, jib, <kc. broke the lashing of 
the larboard-anchor, and carried it and the cable overboard. In order 
to preserve ship and cargo, he cut tne whole of this wreck away. 
During the- said gale of wind, the masts having lost great part of 

their 









252 


MARINE INSURANCES. 


their support irr the loss of the bowsprit, he prevailed oft one of his men, 
for a gratuity of five guineas, to go aloft, and cut away the topsail, 
top-gallant sail, yards, mast, and rigging; and, at last, the vessel 
reached her port of delivery. 

Had the jib been gut mcay, it would have been general average; 
and it was only under the particular circumstance of being carried 
away, while that was ill contemplation, it was allowed as a particular 
average on the ship, as was likewise the bowsprit. The entangling 
with the anchor and cable, though a consequence of the above, yet 
being cut away, came into general average, as did the topmast, &c. 
The gratuity to the seaman was not allowed, on the principle that a 
seaman is bound, by his duty and wages, to do all in his power for 
the good of the ship, and he can therefore earn no more. 


Blocks for topmast-rigging 
Running rigging — 

Topsail-yard — 

Topsail — 

Top-gallant-sail — 

Cable *— •—? 


General Average . 


One-third off 


Surveyors 3 guineas, protest 2l. — 

Anchor —- — — 

Anchor-stock — — 

Postages — — 



£. 

s. 

d. 

— 

2 

12 

3 

— 

\° 

7 

2 

— 

1 

12 

0 

— 

8 

5 

3 

•— 

5 

16 

0 


23 

2 

6 


51 

15 

2 

— 

17 

5 

0 


34 

10 

2 

— 

5 

2 

Q 

— 

9 

5 

0 

— 

0 'll 

0 

— 

0 

1 

10 


49 

10 

q 


N- B. No deduction is made from the value of an anchor. 
Ship — <£500 
Cargo — 352 

Nett freight 100 


952, at 51. 4s. per cent, is 

Particular Average on the Ship. 
Block maker's bill — — — 

Ropemaker’s account for stays. Sec. — 

Bowsprit, &c. — — — 

jib - . - - - 

Carpenter’s and smith’s bill — — 

Postages — —p — — 


— £49, 10 © 


1 2 9 

6 8 6 
6 13 Cf 
10 19 6 

5 10 7 
0 0 7 


One-third 


30 14 11 
10 4 11 

20 10 0 


Ship 500k at M. 2s. per cent, is 


20 10 O 










SALVAGE.. • 


253 


N. B. The above average comes above 3 per cpnt. ; had it' been be¬ 
low, the underwriters would not liave been liable to pay it. 

VIII. SALVAGE. 

Salvage is an allowance made for saving a ship, or goods, or both, 
from the dangers of the seas, fire, pirates, or enemies. What that 
allowance is may be collected from a review of the following acts of 
parliament. 

It appears, from the act of 12 Anne, st. 2, 18, that, if a ship was 
in danger of being stranded, or run ashore, the sheriffs, justices, 
mayors, constables, or officers of the customs, nearest tire place of 
danger, should, upon application made to them, summon and call to¬ 
gether as many men as should be thought necessary to the assistance 
and for the preservation of such ship in distress and her cargo; and 
that, if any ship, man of war, or merchantman, should be riding at 
anchor near the place of danger, the constables and officers of the 
customs might demand, of the superior officers of such ship, the 
assistance ot' his boats and such hands as could be spared: and that, 
if the superior officer should reiuse to grant such assistance, he should 
forfeit o£lOO. 

It then proceeds: “ And, for the encouragement of such persons 
as shall give their assistance to such ships or vessels, so in distress as 
aforesaid, be it enacted, that the said collectors of the customs, and the 
master and commanding-officer of any ship or vessel, and all others, 
who shall act or be employed in the preserving of any such ship or 
vessel in distress, or their cargoes, shall, within thirty days after the 
service is performed, be paid a reasonable reward for the same, by the 
commander, master, or other superior officer, mariners, or owners, of 
the ship or vessel so in distress, as aforesaid, or by the merchant whose 
vessel or goods shall be so saved ; and, in default thereof, the said ship 
or vessel, so saved, shall remain in the custody of the officers of the 
customs, until ah charges are paid, and until the officers of the customs, 
and the master or other officers of the ship or vessel, and ail others 
employed in the preservation of the ship, shall be reasonably gratified 
for their assistance and trouble^ or good security given for that pur¬ 
pose, to the satisfaction of the parties that are to receive the same: 
and, if any disagreement shall take place between the'persons, wfyose 
ships or goods have been saved, and the officer of the customs, touch¬ 
ing the moneys deserved by any of the persons so employed, it shall be 
lawful for the commander of the ship ,or vessel so saved, or the owner 
of the goods, or Ahc merchant interested therein, and also for the 
officer of the customs, or his deputy, to nominate three of the neigh¬ 
bouring justices of the peace, who shall thereupon adjust the quantum 
of the moneys or gratuities to bo paid to the several persons acting or 
being employed in the salvage of the said ship, vessel, or goods; and 
such adjustment shall be binding upon all parties, and shall be re¬ 
cove able in an action at law; and, in case it shall so happen, that no 
person slva.ll appear to make his claim to all or any of the goods that 
shall be saved, that then the chief officer of the customs, of the nearest 
port to the place where.the said ship or vessel was so in distress, shall 
apply to ihree of the nearest justices of the peace, who shall put him 
or ome other responsible person ; o possession of the said goods, such 
justices taking an account in writing of the said goods, to be signed by 
the sjiid officer of the customs; and, if die said goods shall not be 


MARIN® insurances. 


legally claimed, within the space of 3 2 months next ensuing, by the 
rightful owner thereof, then public sale shall he made thereof; and, if 
perishable goods, forthwith to be sold, and, after all charges deducted, 
the residue of the moneys arising from such sale, with a fair and just 
account of the whoi&, shall be transmitted to her Majesty’s Exchequer, 
there to remain for the benefit of the rightful owner, when appearing ; 
who, upon an affidavit, or other proof made of his or their right or pro¬ 
perty thereto, to the satisfaction of one of the barons of the coif of the 
Exchequer, shall, upon his order, receive the same out of the Exche¬ 
quer.” 

In cases of wreck, therefore, the rate of salvage is not fixed, but must 
be reasonable ; and this to be ascertained by three justices of the peace. 

By the 26 Geo. II. c. 19. s. 5, it is farther enacted, “that, in case 
any person or persons, not employed by the master, mariners, dr owners, 
or other persons lawfully authorised, in the salvage of any ship or ves¬ 
sel, or the cargo or provision thereof, shall, in the absence of tbe persons 
so employed and authorised, save any such ship, vessel, goods, or effects, 
and cause the same to be carried, for tfie benefit of the owners or pro¬ 
prietors/ into port, or to any near adjoining pustom-house, or other place 
of safe custody, immediately giving notice thereof to some justice of the 
peace, magistrate, or custom-house or excise officer; or shall discover 
to such magistrate or officer, where any such goods or effects are wrong¬ 
fully bought, sold, or concealed ; then such person or persons shall be e/z- 
titled to a reasonable reward for such services, to be paid by' the masters 
or owners of such vessels or goods, and to be adjusted, in case of dis¬ 
agreement about the quantum, in like manner as the salvage is to be 
adjusted and paid, by virtue of a statute made in the 12th of Queen 
Anne.”* 

§. 6 . “ And be it farther enacted, that, for the better ascertaining the 
salvage to be paid in pursuance of the present act, and the act before- 
mentioned, and, for the more effectually putting the said act in execu¬ 
tion, the justice of the peace, mayor, bailiff, collector of the customs, or 
chief constable, who shall be nearest to the place where any ship, goods, 
or effects, shall be stranded or cast away, shall forthwith give public 
notice for a meeting to be held as soon a possible of the sheriff or his 
deputy, the justices of the peace, mayors, or other chief magistrates of 
towns corporate, coroners, or commissioners of the land-tax, or any five 
or more of them, who are hereby empowered and required to give aid 
in the execution of this and the said former act, and to employ proper 
persons for the saving of ships in distress, and such ships, vessels, and 
effects, as shall be stranded or cast away; and also to examine persons 
upon oath, touching or concerning the same, or the salvage thereof, 
and to adjust the quantum of such salvage, and distribute the same 
among the persons concerned in such salvage, in case of disagreement 
among the parties or the said persons ; and that every such magistrate, 
&c. attending and acting at such meeting, shall be paid four shillings 
a day for his expenses in such attendance out of the goods and effects 
saved by their care or direction.” 

§. 7. “Provided always, that, if the charges and rewards for sal¬ 
vage directed to be paid by the former statute, and by this act, shall 
not be fully paid, or sufficient security given for the same, within forty 
days next after the said services performed, then it shall be lawful for 
the officer of the customs, concerned in such salvage, to borrow or raise 


* The Act before-mentioned. 


SALVAGE. 


£53 


to much.moneyas shall be sufficient to satisfy and pay such charges and 
rewards, or any part thereof, then remaining unpaid, or not secured as 
aforesaid, by or upon one or more bill or bills of sale, under his hand 
and seal, of the ship or vessel, or cargo, saved, or such part thereof as 
shall be sufficient, redeemable upon payment of the principle sum bor¬ 
rowed, and interest for the same, at the rate of 4 per cent, per annum” 

By §. 9. The commissioners of the land-tax, the deputy-sheriff, the 
coroner, and the officers of excise, in each county, are declared to be 
proper officers for putting these acts in execution,-, together with those 
persons respectively named in the act of Queen Anne. 

By §. 10 In the Cinque-ports, the execution of these acts is intrusted 
to the lord-warden of the Cinque-ports, the lieutenant of Dover-castle, 
the deputy-warden otthe Cinque-ports, the judge-official and commissa¬ 
ry of the court of Admiralty of the Cinque-ports, two antient towns, 
and the members thereof, and to all and every other person 3nd persons 
appointed, or to be appointed, by the lord-warden of the Cinque-ports. 

§.11 and 12. Persons convicted of assaulting any magistrate or offi¬ 
cer, when in the exercise of his duty respecting the preservation of any 
ship, vessel, goods, or effects, shall be transported tor seven years; and 
the justices, in the absence of the sheriff, may take a sufficient force 
with them to repress violence. 

§. 15. The officer of the customs who shall act in preserving any 
ship or vessel in distress, or the cargo thereof, shall cause all persons 
belonging to the said ship, or vessel, and others who can give any ac¬ 
count thereof, or of the cargo thereof, to be examined upon oath, before 
some justice of the peace, as to the name or description of the said ship 
or vessel, and the names of the master, commander, or chief officer, and 
owners thereof, and of the owners of the said cargo, and of the ports or 
places from or to which the said ship or vessel was bound, and the oc¬ 
casion of the said ship’s distress; which examination the justices are to 
take down in waiting, and they shall deliver a true copy thereof, toge¬ 
ther with a copy of the account of the goods, to the officer of the cus¬ 
toms, who shall transmit the same to the secretary of the Admiralty 
for the time being, that he may publish the same, or so much thereof, in 
the London Gazette, as shall be necessary for the information of per¬ 
sons interested therein. This act is not to extend to Scotland. These 
are the regulations for salvage in case of zvreck. 

The salvage payable upon recapture has, from time to time, been an¬ 
xiously regulated by acts of parliament. The latest, and of course the 
present, regulations are contained in the 33 Geo. III. c. 66, §. 42, by 
which it is enacted, that, “ if any ship, vessel, or boat, taken as prize, 
or any goods therein, shall appear and be proved, in the court of Admi¬ 
ralty, to have belonged to any of his Majesty’s subjects of Great Britain 
or Ireland, or any of the dominions and territories continuing under his 
Majesty’s protection and obedience, which were before taken by any 
of his Majesty’s enemies, and, at any time ufterzvards, retaken by any of 
his Majesty’s ships of war, or any private man of war, or other ship, 
vessel, or boat, under his Majesty’s protection or obedience, that then 
such ships, vessels, boats, and goods, and every such part and parts 
thereof as aforesaid, belonging to such his Majesty’s subjects, shall be 
adjudged to be restored, and shall be, by decree of the said court of 
Admiralty, accordingly restored to such former owner or proprietor or 
proprietors, he or they paying, for and in lieu of'salvage, if retaken by 
any of his Majesty’s ships of war, an eighth part of the true value of the 
ships, vessels, boats, and goods, respectively so to be restored; which -sal¬ 
vage 


2 55 


MARINE INSURANCES. 


vage shall be answered and paid to the captains, officers, and seamen, 
in the said men of war, to be divided as before in this act is directed : 
and, if retaken by any privateer, or other ship, vessel, or boat, one sixth 
part of the true value of the said ships, vessels, boats, and goodsall 
which payments, to be made to any privateer, or other ship, vessel, or 
boat, shall be without any deductions. And, in case of recapture by the 
joint operations of any of his Majesty’s ships and any private ship of 
war, then the judge of the court of Admiralty shall order such salvage 
to be paid to the recaptors as'he shall deem fit and reasonable, which 
salvage shall be paid to the agents of the recaptors, in such proportions 
as the said court shall adjudge. But if such ship, so retaken, shall ap¬ 
pear to have been, after the taking by the enemy, by them set forth 
as a vessel of war, the same shall not be restored to the former owners, 
but shall be adjudged lawful prize for the benefit of the captors 

The wearing-apparel of the master and seamen are always excepted 
from the allowance of salvage. —Lex Mercatoria, 147. 

The valuation of a ship, in order to ascertain the rate of salvage, may 
be determined by the policy of insurance, if there is no reason to sus¬ 
pect she is undervalued; and the same rule may be observed as to 
goods, where there are policies upon them. If that, however, should 
not be the case, the salvers may insist upon proof of the real value, 
which may be done by the merchant’s invoices, and they must be paid 
for accordingly.—Lex Mercatoria, 147 1 . 

The insured may recover from the insurer the expenses of salvage ; 
yet, he cannot receive a double satisfaction for tire same loss. Thus, 
if the insurer should have paid to the insured the expenses arising from 
salvage, and afterwards, on account of some particular circumstance, 
the loss should be repaired by some unexpected means, the insurer shall 
stand in the place ot the insured, and receive the sumwthus paid to atone 
for the loss.— Randall v. Cockran , 1 . Vez. 98. 

Cases frequently arise, in which lire salvage is so high, the other ex¬ 
penses so great, and the object of the voyage so far defeated, that the 
insured is allowed to abandon his interest nr the property saved to the 
insurer, arrd to call upon him to contribute as if a total loss had actu¬ 
ally happened. This will be treated of in the following division. 


IX. ABANDONMENT. 


The insured, before he can demand a recompense from the under¬ 
writer for a total loss , must cede or abandon to him his right to all the 
property that may chance to be recovered from shipwreck, capture, or 
any other peril stated in the policy. 

The right to abandon must arise upon the object of the insured being 
so far defeated, that it. is not worth his while to pursue it: such a loss 
as is equally inconvenient to him as if it had Been total. For instance, 
if the voyage be absolutely lost, or not worth pursuing; if the salvage 
be very high, sitpjjose a half; if farther expense be necessary ; if the in¬ 
surer will not engage at all events to bear that expense, though it 
should exceed the value, or tail of success: under these and many other 
like circumstances, the insured may disentangle himself, and abandon, 
notwithstanding there has been a recapture.— 2 Bur. 1209. 

There may be circumstances in wmch it would be unjust to suffer the 
insured to abandon; for, a ship might be taken and escape immediately, 
which would be no hindrance at all to the voyage; or she 'might be 
taken and instantly ransomed, which would amount only to a partial 

loss; 


ABANDONMENT. 


257 


loss; in which cases, the insured shall not be allowed to demand a re 
compense for a total Joss.— 2 Burr. 697, 1213. a rc " 

■ . 1 ' e ,l ight to abandon mtist depend upon the nature'Of the case at the 
Burr °i*21+ C aCtl ° n b ™'“ ght ' ° r at th etimeofthe offer to abandon.-! 

The owner, therefore, cannot abandon, unless, at some period or other 
0* the voyage, there has been a total loss; and, therefore! it neither^ 
th.ng insured, nor the voyage, be lost, and the damage sustained shai be 
found, upon computation, not to amount to a moiety of the value the 
owner shall not be allowed to abandon.-l. Term'Rep. 191. ’ 

cares' 0 pnncipIes vvl11 be confirme( i by the judgements in the following 

V - I]r “ rtl y>. in Chancery, 1714, 3 Aik. 195. The defen- 
dant hadm^ed thesinp Wm from London to Bermuda, and so to 

he F iP r? S ! . aken h > r a S P anish pnvateer, and afterwards 
cta«ten by an English privateer, and earned into Boston, in New Entr¬ 
ain., where no person appearing to give security, or to answer the 
moiety the recaptors were entitled to for salvage/she was condemned 
and sold ill the court of Admiralty there; the recaptors had their moiety' 
court ° VCrp US mone y remained in the hands of the officers of that 

It was contended for the underwriter the insured ought not to recover 
more on the policy than a moiety of the loss, as the act of the 13 Geo II 
v P £i Vcs , the thin g sav ed to the owner, as he is entitled to receive 

obHapHj f hC ° h<?erS ° f the k Adn ? iralt >' ; and that the underwriter ought to be 
- t0 . pa -n n l m0 [ e than the Io>s actuaP f sustained, which cannot be 
ascertained till after the insured shall have received the part that might 
have come to him upon the salvage. 1 ° 

inS e beXi t X"l'!|e! 0 f ° the underwriter 

Upon this, Lord-Chancellor Hardwicke said, "I take it, when the in- 
sured is willing to relinquish his interest in the salvage, he ought to 
recover the whole money insured. It would he mischievous if iAvere 
otherwtse; lor, then, upon a recapture, a man would be in a worse situ- 
ation than if the ship were totally lost.” 

Goss and mother V. Withers, 2 Bur. 683.—This was a special case 

P ° licies ° f ”” > “P°» a 

Newf! !° r n ier u'r aS , an insuraace on the Da ' ld and Rebecca, at and from 
Newfoundland to her port of discharge m Portugal or Spain, withouUhe 

h ad li’ ^ commence from the time of her begipfeilfg to 

i i?rr d u| d f0r ? lth r of , the al T e * naiped places; and locon- 
tinue till she should be arrtved at her said port of discharge, and there 

^. Urs at ancl ‘ or ‘I 1 sa %- The ship was, by agreement, to 
be valued at the sum subscribed, without farther account. The insurance 
was to be at ten guineas per cent. and, in case of loss, to abate two per 

nnfhin It m T 6 °\ a } rera 8 e - Jo;i *’ not exceeding* 51. per cent, to allow 
nothing towards such loss. And, if the vessel was discharged without 
the Straits, excepting the Bay of Biscay, two guineas percent, were to 
c returned; and, if she sailed with convoy, and arrived, two guineas 
more per cent, were to be returned. The plaintiffs declared upon a total 

loss, by capture-of the French. 1 

Fhe policy declared upon in the other action, was an insurance 
upon any kinds of lawful goods and merchandises, loaden or to be load¬ 
er on-board the aforesaid ship; and this policy for 71. 7s. insured 70 t. 

& The 


25 S 


MARINE INSURANCES. 


The declaration alleged, that divers quantities of fish and other lawful 
merchandises, to the value of the money insured, were put on-board, 
to be carried from Newfoundland to her port .of destination, and so con¬ 
tinued (except such as were thrown overboard, as is after-mentioned) till 
the loss of the ship and goods. The declaration then avers, that a part 
of the said goods were necessarily thrown overboard in a storm, to 
preserve the ship and the rest of the cargo; after which jetson, the ship 
and the remainder of the goods were taken by the French. 

The case stated, that the ship departed from her proper port, and was 
taken by the French on the 23d of December, 1756: and that the mas¬ 
ter, mates, and all the sailors, except an apprentice and a landman, were 
taken out and carried to Fiance. That the ship remained in the hands 
of the enemy eight days, and was then retaken by a British privateer, 
and brought in, on the 18th of January, to Milford-haven, and that im¬ 
mediate notice was given by the insured to the insurer, with an offer to 
abandon the ship to their care. It was also proved, at the trial, that, 
before the taking by the enemy, a violent storm arose at sea, which first 
separated the ship from her convoy, and afterwards disabled her so far 
as to render her incapable of proceeding on her destined voyage, with¬ 
out going into port to refit. It was also proved, that part of the cargo 
was thrown overboard in the storm; and the rest of it was spoiled while 
the ship lay at Milford-haven, after the offer to abandon, and before she 
could be refitted; and the insured proved their interest in the ship and 
cargo to the value insured. 

Several questions arising upon the trial of the first of these causes, it 
was agreed, that the jury should bring in their verdict, in both causes, 
for the plaintiffs, as for a total loss; subject, however, to the opinion of 
the court on the following question, viz. 

Whether, under the several circumstances of this case, the insured 
had or had not a right to abandon the ship to the insurers after she was 
carried into Milford-haven ? 

The court decided unanimously in favour of the plaintiffs, and Lord 
Mansfield, in delivering the opinion of the court, made the following 
observation: 

Lord Mansfield. — te The single question upon which this case turns 
is, whether the insured had, under all the circumstances, an election to 
abandon, on the 18th of January, 1757 ? The loss and disability were 
in their nature total at the time they happened. During eight days, the 
plaintiff'was certainly entitled to be paid by the insurer as fora total 
loss; and, in case ot a recapture, the insurer would have stood in his 
place. The subsequent recapture is, at best, a saving only of a small 
part. The disability to pursue the voyage still continued. The mas¬ 
ter and mariners were prisoners. The charter-party was dissolved. 
The freight (except in proportion to the goods saved) was lost. The 
ship was necessarily brought into an English port. What could be 
saved might not be worth the expense necessarily attending it; which 
is proved by the plaintiff’s offer to abandon. The subsequent title to 
restitution, arising from the recapture, at a great expense, the ship too 
being disabled from pursuing her voyage, cannot take away a right 
vested in the insured at the time of the capture. But, because he can¬ 
not recover more than he has suffered, he must abandon what may be 
saved. I cannot find a single book, antient or modern, which does not 
say, that, in case of a ship being taken, the insured may demand as for 
a total loss, and abandon. What proves the proposition most strongly 


ABANDONMENT. 


259 


U, that, by the general law, he may abandon in the case merely of an 
arrest, or an embargo, by a prince not an enemy. 

“ No capture by the enemy can be so total a loss, as to leave no pos¬ 
sibility of a recovery If the owner himself should retake at any time, 
he will be entitled; and, by the late act of parliament, if an English 
ship retake at any time, before condemnation or after, the owner is en¬ 
titled to restitution upon stated salvage. This chance does not suspend 
the demand for a total loss upon the insurer ; but justice is done, by put¬ 
ting him in the place of the insured, in case of a recapture. There 
might be circumstances under which a capture would be but a small 
temporary hindrance to the voyage, perhaps none at all; as if a ship 
were taken, and, in a day or two, escaped entire, and pursued her voy¬ 
age. There are circum tances under which it would be deemed an 
average-loss : if a ship taken be immediately ransomed, and pursue her 
voyage, there the money paid is an average-loss; and, in all cases, the 
insured may choose not to abandon. It might as reasonably be argued, 
that, if a ship, sunk, were weighed up again at a great expense, the 
crew having perished, the insured could not abandon, nor the insurer be 
liable, because the body-of the ship was saved. We are therefore of 
opinion, that the loss was total by the capture, and the right which the 
owner had, after the voyage was defeated, to obtain restitution of the 
ship and 1 cargo, paying great salvage to the recaptor, might be abandon¬ 
ed to the insurers, alter she was brought to Milford-haven.” 

The principles laid down in this case have been adhered to in latter 
decisions: in one of which (Miller v. Fletcher, Douglas’s Rep. 219) 
Lord Mansfield said, that, from the two cases of Goss v.. Withers, just 
quoted, and Hamilton v. Mendes, here following, the whole law between 
insurers and insured, as to the consequence of recapture, might be col¬ 
lected. 

Hamilton v. Mendes, 2 Burr. 119, and 2 Black. 276. —This was a 
special case reserved at Guildhall, at the sittings there before Lord 
Mansfield, after Michaelmas-Term, 1760, in an action brought against 
the defendant, as one of the insurers, upon a policy of insurance ifom 
Virginia or Maryland to London, of a ship called the Selby, and of goods 
and merchandise therein, until she shall have moored at anchor twenty- 
four hours in good safety. The case stated for the opinion of the court 
was as follofvs: 

That the ship Selby, mentioned in the policy, being valued at 1200/. 
and the plaintiff having interest therein, caused the policy in question to 
be made; and the same was accordingly made in the name of John 
Mackintosh, on behalf and for the use and benefit of the plaintiff, and 
was subscribed by the defendant as stated, for 100/. That the ship was 
in good safety at Virginia, where she took on-board 192 hogsheads of 
tobacco, to be delivered at London. That, on the 28th day of March, 
she departed and set sail from Virginia for London ; and, on the 6th 
day of May following, as she was sailing and proceeding on her said 
voyage, was taken by a French privateer, called the Aurora, of Bayonne. 
That, at the time of her capture, the Selby had nine men on-board; and 
the captain of the said privateer took out six, besides the captain, leav¬ 
ing only the mate and one man on-board. That the French put a prize- 
master and several men on-board the ship Selby, to carry her to France. 
That, as the French were carrying her towards France, on the 23d day 
of the said May, she was retaken off Bayonne, by an English man of 
war, and accordingly sent into Plymouth, where she arrived the 6th day 
of June following. That the plaintiff, living at Hull, as soon as he was 

S*2 informed 


260 


MARINE INSURANCES. 

informed what had befallen his ship, the Selby, wrote a letter, on (lie 23d 
of June, to his agent, John Mackintosh, living in London, to acquaint the 
defendant, “ that the plaintiff did from thence abandon to him his interest 
in the said ship, as to the said 100/. by the defendant insured.” That the 
said J. M. on the 26th of June, acquainted the defendant with the offer 
to abandon the ship; to which the defendant answered, “that he did 
pot think himself bound to take the ship ; but was ready to pay the sal¬ 
vage^ and all other losses and charges that the plaintiff sustained by 
the capture. That, upon the 19th day of August, the ship Selby was 
brought into the port of London, by order of the owners of the cargo 
and the recaptors: that the ship Selby sustained no damage from the 
capture. That the whole cargo of the said' ship was delivered to the 
freighters, at the port of London, who paid the freight to Benjamin 
Vaughan, without prejudice. The question, therefore, submitted to 
the opinion of the court is, whether the plaintiff, on the said 26‘th day 
of June, had a right to abandon, and has a right to recover, as for a 
total loss ?” 

Lord Mansfield. — “ The plaintiff has averred in his declaration, as 
the basis of his demand for a total loss, that by the capture the ship became 
wholly lost to him. The general question is, whether the plaintiff, who, 
at the time of his action brought, at the time of his offer to abandon, and 
at the time of his being first apprised of any accident having happened, 
had only, in truth, sustained a partial loss, ought to recover for a total 
one. 

“The plaintiff's demand is for an indemnity. This action then must 
be founded upon the nature of his damnification, as it really is at the time 
the action is brought. It is repugnant, upon a contract of indemnity, 

’ to recover as for a total loss, when the final event has decided that the 
damnification, in truth, is an average, or perhaps no loss at all. What¬ 
ever undoes the damnification, in whole or in part, must operate upon 
the indemnity in the same degree. It is a contradiction in terms, to 
bring an action for indemnity, when, upon the whole event, no damage 
has been sustained. 

“ In the present case, the notion of a vested right in the plaintiff to 
sue as for a total loss, before the recapture, is fictitious only, and not 
founded in truth. For, the insured is ‘not obliged to abandon in any 
case ; he has an election. No right can vest as for a total loss till he 
has made that election: he cannot elect, before advice is received of 
the loss; and, if that advice shew the peril to be over and the thing in 
safety, he cannot elect at all, because he has no right to abandon when 
the thing is safe. The present attempt is the first that' ever was 
made to charge the insurer as for a total loss, upon an interest-policy, 
after the thing was recovered. 

“ It has been said,, ‘that there is no book, antient or modern, which 
does not say, that, in case of the-ship being taken, the insured may de¬ 
mand for a total loss, and abandon.* That proposition is certainly 
true, provided the capture, or the total loss occasioned thereby, continue 
to the time of abandoning and bringing the action. It is impossible that 
any man should desire to abandon in a case ciscumstanced like the pre¬ 
sent, but for one or two. reasons, namely, either because he lias over¬ 
valued, or because the ' market has fallen below the original price. The 
only reasons, that can make it the interest of the party to desire, are 
conclusive against allowing it. It is unjust-to turn the fall of the mar-* 
ket upon the insurer, who has no concern in it, and could never gain by 
the rise. And ari over-valuation is contrary to the general policy of 


ABANDONMENT. 


261 


the marine law ; contrary to the spirit of the act of 19 Geo. II. a temp¬ 
tation to fraud, and a great abuse : therefore no man shall be allowed to 
avail himself of having over-valued . Ii the valuation be true, the plain¬ 
tiff is indemnified by being paid (lie charge he was put to by the cap¬ 
ture. If he has over-valued, he will be a gainer, if he be permitted to 
abandon; and he can only desire it because he has over-valued. To 
obviate too large an inference being drawn from this determination, I 
desire it may be understood, that the point here determined is, * that the 
plaintiff, upon a policy, can only recover an indemnity, according to 
the nature of his case at the time of the action brought, or (at most) at 
the time of his offer to abandon.’ We give no opinion how it would 
be, in case the ship or goods were restored in safety', between the offer 
to abandon and the action brought, or between the commencement of 
the action and the verdict. And particularly I desire, that no infer¬ 
ence may be drawn, * that, in case the ship or goods should be restored 
after the money paid as for a total loss, the insurer could compel the 
insured to refund the money, and to take the ship or goods;* that case 
is totally different from the present, and depends, throughout, upon 
different reasons and principles. Here the event had fixed the loss 
to be an average only, before action brought, before the offer to aban¬ 
don, and before the plaintiff had notice of any accident, consequently, 
before he could make an election. We are therefore of opinion, that 
he cannot recover for a total, but for a partial, loss only, the quantity 
of which has been estimated by the jury at len pounds per cent.” 

But, though the court did not choose unnecessarily to decide whether, 
after payment as for a total loss, the underwriter could oblige the insu¬ 
red to refund, if it should afterward prove to be but partial; yet, in 
the year 1766, this very question came before them. It arose in the 
case of Da Costa v. Frith, l* Burr. 1966; and the court held, that, as 
there was a solemn abandonment, and the money was paid, and a.$ 
there was also an agreement that the insurers should be content with 
such salvage as the sum insured bore to the whole interest, the insured 
should not be obliged to refund, but the insurer should stand in his place 
for the salvage. 

Cazalet and others v. Barbe, 1 Term Rep. p. 187. This was an action 
on a policy of insurance upon the ship Friendship, from Wyburgh to 
Lynn, subscribed by the defendant.for 100 1, at two guineas percent. 
The defendant pleaded a tender, and paid 48/. into court. The cause 
was tried at Guildhall before Mr Justice Buller, when a case was re¬ 
served for the opinion of the court, stating, tiiat t he damages sustained by 
the ship, in the voyage insured, did not exceed 4 6l. per■ cent., which sum the 
defendant had paid into court upon pleading in the action. That, when- 
the ship arrived at the port of Lynn, she was hot worth repairing. 
The question for the opinion of the court was, whether the plaintiffs 
had a right to abandon. 

This case came on to be argued' when Lord Mansfield was absent, 
and the three other judges were unanimous in opinion for the defendant. 

Mr Justice Buller said, “nothing can be better established than that 
the owner of a ship can only abandon.in case of a total loss. But there 
is no instance where the owner can abandon, unless, at some period or other 
of the voyage, there has beta a total loss. No such event has Happened 
here; for the jury have expressly found that the loss amounted only lo 
48/. percent. Even allowing total loss to be a technical expression, yet 
the manner, in which the plaintiffs counsel has stated it, is rather too 
broad. It bus been said, that the insurance mqd be taken to be on the 


262 


MARINE INSURANCES. 


ship as well as on the voyage; but the true way of considering it is this, 
it is an insurance on the ship for the voyage. If either the ship on the 
voyage be lost, that is a total loss; blit here neither is lost.” 

In another case, an action was brought on a policy of insurance on 
the Prince of Wales, in port or at sea, for six months, from the 18th of 
July, 1777. The ship in question was in government-service, bound 
from Cork to Quebec. She arrived there ; but, the season being too 
far advanced before she was ready to return, she was removed into 
the bason ; but, on the 19th of November, she was driven thence by a 
field of ice, and damaged by running on "the rocks. The condition of 
the ship could not be examined till April following, after the expiration 
of the policy. She was then, however, found to be bulged, and much 
injured, but not thought irreparably so. In the progress of the repair 
difficulties arose for want of materials; and the captain, after consulting 
the merchants and agents in the country, sold her. An account was 
made up, charging the insurers with the whole amount, and crediting 
them with the sums for which the ship sold, as salvage. 

Lord Mansfield, at the trial, said, “the great point in the cause is, 
whether this is a total loss by this accident. It is a new question, 
upon which I shall reserve a case lor the opinion of the court.” After 
argument by counsel on both sides, his Lordship said, “ the justice of 
the case seemed to be, that the loss in November should be taken as 
an average not a total one ; and that the whole court were of opinion, 
that the ship should be considered as damaged on the 19th of No¬ 
vember, but not totally lost. — Ferneaux v. Bradley , Easter-Term, 
20 Geo. III. 

In a case before Lord Kenyon, {M‘Masters v. Shoolbred, sittings after 
Michaelmas, 35 Geo. III. Espinasse’s cases, p. 237,) he held the ac¬ 
tion being on a policy for six months, and the ship having been cap¬ 
tured and carried into Charlestown, sold by the captors, by authority of 
the French consul there, and purchased by the captain for account of the 
original owners, that this was only a partial loss, and that the owners 
could not abandon. His Lordship was of opinion, that the captain was 
agent tor the owners; that he having recovered the vessel upon their 
account, and having paid a kind of salvage, (the amount of which 
would be the loss sustained,) it only constituted an average loss. At 
the time the ship was captured and carried into port, in the enemy’s 
possession, the insured, at that time, might have abandoned. But not 
having done so till the vessel was recovered, they could now go only 
for an average loss. Upon the trial of this cause, it did not 'occur to 
the defendant t > make objection, that the act of the French consul was 
illegal, and that, consequently, the money paid by the original owners 
%uas in the nature of a ransom. This objection was made, however, and 
admitted to prevail, in a subsequent case, ( Havelock v. Rockwood,) 
which is fully detailed in a former part of this work, under the head of 
losses by “Capture and Detention of Princes.” 

Although almost all these cases of abandonment were after a capture, 
yet many of the rules there laid down were general in their nature, 
comprehending cases of wreck and detention, as well as capture. This 
will be best explained, by putting the two following possible cases. 

Suppose a neutral ship be arrested and detained by a foreign prince 
by an embargo, the owner immediately, upon hearing this accident, 
would have a right to abandon ; because no man is bound to wait the 
event of an embargo, hut, if the same ship, that brings the account 
of the embargo, should also inform him that the embargo was taken or?, 

that 


ABANDONMENT. 


26S 

#iat the ship had only been detained two or three days, that very tri¬ 
fling or no damage had arisen, then it is impossible to say that the mer¬ 
chant may abandon; because, as we have seen, it is a principle of 
good sense, that a man cannot make his election, whether he will 
abandon or not, till he receive advice of the loss; and if, by the same 
conveyance, it appear that the peril is over, and thing insured be in 
safety, he has lost his election entirely; because he has, and can have, 
no right to abandon when his property is safe. 

The same principle governs in the case of wreck ; for,, let us suppose 
a trunk of bullion, as in the case of Da Costa v. Frith , to be the proper¬ 
ty insured; and that, the ship being wrecked, this trunk, of course, 
goes to the bottom ; the owner would instantly be entitled to abandon 
to the underwriter, and call upon him to contribute, as in the case of 
a total loss. But, if it should so happen, that before the action was 
brought, or before the offer was made to abandon, the bullion should 
be recovered and restored to the owner, at the place of destination, 
upon paying a moderate salvage ; in that case, it would fall within the 
rule of Hamlinton v. Meades; and the assured would only be entitled to 
recover an indemnity, according to the nature of his case, at the time 
when the action was brought; and, consequently, he would not be al¬ 
lowed to abandon. 

It has been settled also, by a solemn decision of the court of King’s 
Bench, in Manning v. Neivnham, Trin. 22 Geo. III. in what cases a 
loss should be deemed to be total, after an accident by perils of the 
sea. A policy was effected in London upon the ship Grace, her “ cargo 
and freight, at and from Tortola to London, warranted to depart on or 
before the first of August, 1781. The ship valued at 2+70/. the freight 
at 22501. and the cargo at 121-00/. at a premium of 25 guineas per cent . 
to return 10/. per cent, if she departed the West Indies with a convoy 
for England, and arrives.” At the head of the subscriptions is the fol¬ 
lowing declaration, viz. On the ship, freight, and goods, warranted free 
of particular average. This ship, with her cargo, was a Dutch prize 
taken by a privateer off Tortola, and was there condemned; during the 
whole of her stay at Tortola (four or five months) she was never un¬ 
loaded. On the first of August, the whole fleet of merchantmen got 
under weigh under convoy of the Cyclops, &c. but, not being able 
to get clear of the islands that day, they cast anchor during the night, 
and the next day got clear of the islands. About ten o’clock on the 2d 
of August, several squalls of wind arose, which occasioned the ship to 
strain and make water so fast, that.the crew were obliged to work 
both pumps; and, on the third, the captain made a signal of distress: 
in consequence of which she was obliged to return to Tortola, under 
protection of one of his Majesty’s ships. The captain made his protest, 
and a survey was had, by which the ship was declared unable to pro¬ 
ceed with her cargo, and that she could not be repaired in any of the 
PInglish islands, in the West Indies: and that many of the sugars in. 
the bilge and lower tier were washed out, and several of the casks 
broke and in bad order. The ship and the whole of the cargo were 
sold at Tortola accordingly. The assured claimed a total loss of 
ship, cargo, and freight, whjch the jury thought right, and fopnd ac¬ 
cordingly. A motion was jnade for a new trial, which, upon full coie- 
sideration, was refused. 

Lord Mansfield, after stating the evidence, and that his prejudices at 
the trial were in favor of the underwriters, proceeded thus.: But not¬ 
withstanding this inclination of my opinion, upon fu.U consideration, 

S 4 we 


264- 


MARINE INSURANCES. 


we think the jury haye done right. If by a peril insured the voyage k 
lost, it is a total loss; otherwise not. In this case the ship na lnepa- 
rable hurt within the policy : this drives her back to Tortola, and there 
is no ship to be had there which could take the wl>ole cargo on-board. 
There were only two ships at Tortola, and both could not take in the 
cargo. To shew how completely the voyage was lost, that no ship 
could be got, the assured have not beep able to send that part of the 
goods, which they purchased, forward to London. It is admitted there 
was a total loss on the freight, because the ship coulti not perform the 
voyage. The same argument applies to the ship and cargo. It is a 
contract of indemnity; and the insurance is, that the ship shall come 
to London. Upon turning it in every view, we are of opinion that 
the voyage \yas totally lost, and that is the ground of opr determina¬ 
tion.” 

From what has been said in the preceding. part of this subject, it 
appears, that the insured has a right to call upon the underwriter for 
total loss, and of course to abandon, as soon as he hears of such a cala¬ 
mity having happened, his claim to an indemnity not being at all sus¬ 
pended by the chance of a fuptire recovery of part of the property lost: 
because, by the abandonment, that chance devolves upon the under¬ 
writer, by which means the intention of the contracting parties is fully 
answered, and complete justice is done. 

In a very modern decision it has been held, by the Court of King's 
Bench, that, as soon as the insured,receive accounts of such a loss as 
entitles them to abandon, they must, in the first instance, make their 
election whether they will abandon or not: and, if they abandon, they 
must give the underwriters notice ip a reasonable time, otherwise they, 
wave their right to abandon, and can never afterwards recover for a 
total loss.— Mitchell v. Edie; 1 Term Rep. 608. 

This doctrine has been since acted upon in a case before Lord Ken¬ 
yon; Attwood, v. Ilenckelly Sittings at Guildhall, after Michaelmas, 
1795. 

But if the. insured, hearing that his ship is much disabled, and has put 
into port to repair, express his desire to the underwriters to abandon, 
and be dissuaded from it by them, and they order the repairs to be 
made; they are liable to the owner for all the subsequent damage occa? 
sioned by that refusal, though it should amount to the whole sum insured, 
—Da Costa v. Eewnham, 2 Term Rep. 407. 

X. FRAUD IN POLICIES. 

The insurers and insured are equally .bound to disclose circumstances 
that are within their knowledge; and therefore if the insurer, at thq 
time he underwrites, can be proved to have known that the ship was 
safe arrived, the contract will be equally void as if the insured had 
concealed from him some accident which had befallen the ship. 

Jt is necessary to consider this in three divisions. 1st. The allegation 
of any circumstances, as facts, to the underwriter, which the person insured 
knows to be false : 2 dly. The suppression of any circumstances which the 
insured knows to exist; and which, if known to the underwriter, might pre¬ 
rent him from undertaking the risk at all, or, if he did, might entitle him 
to demand a larger premium : and, lastly, a misrepresentation. Of each of 
these in order. 

In a case before Lord Chief Ju-'tice Holt, in the rpign of William and 
Mary, that learned judge held, that, if the goods were insured as the 

goods 


FRAUD IN POLICIES. 


255 


goods of a Hamburgher, who was an ally, and the goods were, in fact 
the goods of a Frenchman, who was an enemy, it was a fraud, and that 
the insurance Ayas not good. — Skinner, 327. 

In another case, a letter being received, stating that a slip sailed 
from Jamaica from London on the 24th of November, after which an 
insurance was made, and the agent told the insurer, that the ship sailed 
the latter end of December; this was also held, by Lord Chief Justice 
Lee, to be a fraud, and the defendant had a verdict. — Llobaits v. Fonne - 
rcauy Silt, after Trin. Term, 1742. 

And, in another case, where the policy was underwritten thus, “ Warn 
ranted neutral ship and property:” and the jury found, “ that the ship 
and property were not neutral propeity, as warranted by the said 
policyLord Man field and tiie rest of the court were of opinion, 
that it was too clear a case to bear an argument. This was no contract 5 
for, there was a falsehood in respect of the condition of the thing in¬ 
sured; because the plaintiff insured neutral property, and this was not 
neutral property.— IVcalmer v. Mailman , 3 Burr. 1419 — Fernandez v„ 
De Costa , Sitt after Hilary, 4 Geo. III. 

From the preceding case, we may collect this principle, that a false 
assertion in a policy will vitiate the contract; even though the loss hap¬ 
pen in a mode not affected by that falsity. 

.The second species of fraud, which affects insurances, is the conceal » 
went of circumstances knoun only to one of the parties entering into the 
contract. The facts, upon which the risk is to be computed, lie, for 
the most part, within the knowledge of the insured only. The under¬ 
writer ma t therefore rely upon him for all necessary information; and 
must trust to him, that he will conceal nothing, so as to make him form 
a wrong estimate. If a mistake happen, w ithout any fraudulent inten¬ 
tion. still the contract is annulled, because the risk is not the same 
which the underwriter intended. 

One having a doubtful account of his ship, that was at sea, namely, 
that a ship, described like his, was taken, insured her, without giving 
any notice to the insurers of what he had heard, either as to the hazard 
or the circumstances, which might induce him to believe that his ship 
was in great danger, if not actually lost. Lord-Chancellor Macclesfield. 
f ‘ The insured has not dealt fairly with the insurers in this case; he 
ought to have disclosed to them what intelligence he had of the ship’s 
being in danger, and which might induce him, at least, to fear that it 
was lost though he haa no certain account of it. For, if this circum¬ 
stance had been discovered, it is impossible to think that the insurers 
would have insured the ship at so small premium as they have done, but 
either would not have insured at all, or would have insisted on a larger 
premium, so that the concealment of this intelligence is a fraud.’* 
Whereupon the policy was decreed to be delivered up with costs; 
but the. premium to oe paid back and allowed out of the costs. — Da 
Costa v. Scanlret, 2 Pee re Williams, 170. 

In another case it appeared, that, on the 27th of August, 174.0, the 
defendant underwrote a policy from Carolina to Holland. It came out 
in evidence that the agent for the plaintiff had, on the 23d of August, 
(two days before the policy was effected,) received a letter from Cowes, 
dated the 2 J st of August, wherein it is said; “'On the 12lhofthis 
month, l was in company with the ship Davy; (the ship in question) 
■pttwelve at night lost sight of her all at once; the captain spoke tome 
the day before that she was leaky ; and the next day we had a hard 

gale.” 


266 


MARINE INSURANCES, 


gale/’ The ship, however, continued her vc age till the 1 9th of August, 
when she was taken by the Spaniards; ana there was no pretence of 
any knowledge of the actual loss at the time of the insurance, but it 
w as made in consequence of a letter received that day from the plain¬ 
tiff abroad, dated the 27th of June before. Lord Chiel-Justice Lee 
declared, that, as these are contracts upon chance, each party ought to 
know all the circumstances. And he thought it not material that the 
loss was not such a one as the letter imported ; for, those things are to 
be considered in the situation of them at the time of the contract, and 
not to be judged of by subsequent events. He therefore thought it a 
strong case for the defendant. The jury found accordingly.— Seaman 
v. Formereau, 2. Stra. 1183. 

In an action on a policy of insurance, the case was, that the ship 
was insured at and from Genoa, liable to average. The loading Was 
put on-board at Leghorn the 10th of August, and the vessel had lain at 
Genoa above five months, being originally bound for Dublin ; but, lo¬ 
sing her convoy, she put into Genoa the 13th of August, and lay there 
till the 5th of January, wffien she sailed. And the insurance was made 
the 20th of January; at which time these circumstances were known to 
the assured, but not communicated to the underwriter. A few days 
after she put to sea, she was shattered by a storm, and the cargo consi¬ 
derably damaged. The jury found a verdict for the plaintiff; and a 
new trial was moved for on this ground, that the policy was bad ab initio, 
ibr want of a due disclosure of the circumstances. 

Lord Mansfield. — “ The question is, whether here was a sufficient 
disclosure; that is, whether the fact concealed w'as material to the risk 
fun. This is a matter of fact, and, if material, the consequence is mat¬ 
ter of law, that the policy is bad. Now who can say that no risk was 
run, during the five months stay at Genoa, or no damage happened in 
that period ? The policy is founded on misrepresentation; tne ship is 
insured “ at and from Genoa to Dublin ; the adventure to begin fron} 
the loading, to equip for this voyage.” This plainly implies that Genoa 
was the port of loading ; and, at the trial, all the witnesses said, that, 
by usage, it was material to acquaint the underwriter, whether the in¬ 
surance was to be at the commencement or in the middle of a voyage.” 
A nevy trial was accordingly granted. — Hodgson v. Richardson , f 
JBlackst. Rep. 463. 

The case of Grieve v. Young, decided by the court of session in Scot¬ 
land, in 1782, is correspondent in principle with these decisions. A 
letter was sent by the owner of a ship to his correspondents in Edin¬ 
burgh to make an insurance on her. After the letter was put into the 
post, but before the post departed, the ship was lost; and was known to 
be so by the said owner. He did not write to countermand the insu¬ 
rance, as he might have done by the same post, in which case the insu¬ 
rance would not have been effected. The Court were of opinion, that 
it was not incumbent on the owner to countermand it by an express , 
but being satisfied that there was time for so doing by the ordinary 
course of the post, and which it was his duty to do, gave judgement 
for the underwriters. 

But although the rule is laid down thus generally, that one of the 
contracting parties is bound to conceal nothing from the other, yet it 
f is by no means so general as not to admit of an exception. There are 
many matters as to which the insured may be innocently silent. 

Our ideas on this topic, the argument of Lord Mansfield, in Carter 
v. Bodim, 3 Burr. 1905, will completely regulate. The facts of that. 


TRAUD IN POLICIES. 


267 


case are not material; but we shall only give the reasoning of Lord 
Mansfield upon the general doctrine of what is not necessary to be 
revealed. 

His Lordship said, “ Insurance is a contract upon speculation. The 
special facts, upon which the risk is to be computed, lie most common¬ 
ly in the knowledge of the insured only. The underwriter trusts to 
his statement, and proceeds upon confidence, that he does not keep 
back any circumstances within his knowledge, to mislead the under¬ 
writer into a belief that the circumstance does not exist, and to induce 
him to estimate the risk as if it did not exist. The keeping back such 
circumstance is a fraud/and therefore the policy is void. Although the 
suppression should happen through mistake, without any fraudulent in¬ 
tention, yet still the underwriter is deceived, and the policy is void; 
because the risk run is really different from the risk understood and 
intended to be run at the time of the agreement. The policy 
would be equally void against the underwriter, if he concealed any 
thing; as, if he insured a ship on her voyage, which he privately knew 
to be arrived ; and an action would lie to recover the premium. The 
governing principle is applicable to all contract^ and dealings. Good 
laith forbids either party, by concealing what he privately knows, to 
draw the other into a bargain, from his ignorance of that fact, and his 
believing the contrary. But either party may be innocently silent as to 
grounds open to both to exercise their judgement upon. There are 
many matters as to which the insured may be innocently silent; he 
needs not mention what the underwriter knows. An underwriter can¬ 
not insist that the policy is void, because the insu.ed did not tell him 
what he actually knew, what way soever he came to the knowledge* 
The insured needs not mention what the underwriter ought to know; 
what he takes upon himself the knowledge of; or what he waves 
being informed of. The underwriter needs not be told what les ens 
the risk agreed, and understood to be run by the express terms or the 
policy. He needs not be told general topics of speculation: as, tor 
instance, the underwriter is bound to know every cause which may 
occasion natural perils; as the difficulty of the voyage, the kind of 
season, the probability of lightening, hurricanes, and earthquakes. ' He 
is bound to know every cause which may occasion political perils, 
from the rupture of states, from war, and the various operations of war. 
He is bound to know the probability of safety, from the continuance 
and return of peace; from the imbecility of the enemy, through the 
weakness of their councils or their want of strength. If an underwri¬ 
ter insures private ships of war, by sea and on shore, from ports to 
ports, and from places to places, any where, he need not be told the 
secret enterprises upon which they are destined; because he knows 
some expedition must be in view; and, from the nature of his contract, 
he waves the information, without being told. If he insure for three 
years, he need not be told any circumstance to shew that it may be 
over in two: or, if he insure a voyage with liberty of deviation, he 
need not be told what tends to shew there will be no deviation. Men 
argue differently, from natural phenomena and political appearances: 
they have different capacities, different degrees of knowledge, and 
different intelligence. But the means of information and judging are 
open to both: each professes to act from his own skill and sagacky, 
a ' therefore neither needs to communicate ^o the other. The reason 
of the rule, which obliges the parties to disclose, is to prevent fraud and 
epcourage good faith: it is adapted to such facts as vary, the nature of 


26$ 


MARINE INSURANCES. 


the contract, which one privately knows, and the other is ignorant of, 
and has no reason to suspect. The question, therefore, must always be, 
“ Whether there was, under all the circumstances, at the time the policy 
was underwritten, a fair statement, or a concealment: fraudulent, if de¬ 
signed ; or, though not designed, varying materially the object of the 
policy, and changing the risk understood to be run.” 

If the insured is bound to disclose fairly all circumstances that may 
affect the risk, still more strongly is he called upon not to change the 
condition of his ship against the consent of the underwriter. Thus, in 
an insurance upon a ship and cargo, from Liverpool to Oporto, the ship 
sailed, but was driven back by contrary winds; and, before she could 
sail again, an embargo was laid. The Insured applied to the under¬ 
writers for leave to put guns on-board, and to take out a letter of marque. 
The underwriters consented to the guns for her defence, but refused the 
letie, of marque. Notwithstanding which, a general letter of marque 
was obtained, and put on-board ; the ship sailed, and was taken on her 
voyage out. The jury thought that the letter of marque was intended 
to be used only in the voyage home. The court, however, determined 
that this vacated the policy. — Dennison v. Modigliani, 5 Term Rep. 
K.B. 580. Easter, 1794. 

3d. We now come to the third division, namely, to cases in which 
policies are void by misrepresentation. Before we proceed to state the 
cases under this head it will be proper to distinguish between a w-arran - 
ty and a representation . A warranty or condition is that which makes a 
part of the written policy, and must be more literally and strictly per¬ 
formed ; and, being a part ol the agreement, nothing tantamount will do 
or answer the purpose. A representation is a state in the case, not a 
part of the written instrument, but collateral to it, and entirely indepen¬ 
dent of it; and it is sufficient, that a representation be substantially per¬ 
formed* Warranties will be noticed hereafter, if there be a misrepre¬ 
sentation, it will avoid the policy, as a fraud, but not as a part of the 
agreement. Even written instructions, if they are not inserted in the 
policy, are only to be considered as representations; and, in order to 
make them valid and binding, as a warranty, it is absolutely necessary 
to make them a part of the instrument, by which the contract of indem¬ 
nity is effected. If a representation be false in any material point, it 
will avoid the policy ; and, if the point be not material, the represen¬ 
tation can hardly ever be fraudulent. A few of the decisions will eluci¬ 
date these principles. 

Pazcson v. Watson , Cowper, 785. — Upon a rule to shew cause why 
a new trial should not be granted in this case. Lord Mansfield reported 
as follows. This was an action upon a policy of insurance. At the 
trial it appeared in evidence, that the first underwriter had the following 
instructions shewn to him: 4< Three thousand five hundred pounds upon 
the ship.Julius Caesar, for Halifax, to touch at Plymouth, and any port 
in America, she mounts twelve guns and twenty men. ,y These instructions 
were not asked for, nor communicated to the defendant; but the ship 
was only represented generally to him as a ship of force: and a thousand 
pounds had been done, before the defendant underwrote any thing upon 
her. The instructions were dated the 28th of June, 1776, and the ship 
sailed on the 23d of July, 1776; and was taken by an American priva- 
teer. That, at the time of her being taken, she had on-board six four- 
pounders, four three-pounders, three one-pounders, six half-pounders, 
which are called swivels, and twenty-seven men and boys in all, for her 
crew, but of them sixteen only were men (not twenty, as the instruct 


FRAUD IN POLICIES. 


269 


tions mentioned,) and the rest boys. But the witness said, he considered 
her as being stronger with this force, than if she had twelve carriage 
guns and twenty men : he also said (which is a material circumstance) 
that there were neither men nor guns on-board at the time of the insurance. 
That he himself insured at the same premium, without regard or in¬ 
quiry into the force ol the ship. Other underwriters also insured at the 
same premium, without any other representation than thaq she was a 
skip of force. That to every four-pounder there should be five men and 
a boy. That, in merchant-ships, boys always go under the denomina¬ 
tion of men. This was met by evidence on the part of the defendant; 
saying, that guns mean carriage guns, not sivivels ; and men mean able- 
men, exclusive of boys. The defence was, that these instructions were 
to be considered as a warranty, the same as if they had been inserted 
in the policy, though they were not proved to have been shewn to 
any but the first underwriter. If the court should be of opinion 
that the instructions amounted to a warranty, then a new trial is to be 
had without costs, otherwise, the verdict, which was for the plain¬ 
tiff, is to stand. 

Lord Mansfield. —There is no distinction better known to those who 
are at all conversant in the law of insurance than that which exists 
between a warranty, or condition, which makes a part of a written po¬ 
licy, and a representation of the state of the case. Where it is a part 
of the written policy, it must be performed. As, if there be a warranty 
of convoy, there must be a convoy; for, in case of the convoy, it might be 
said, the party would not have insured without convoy. Therefore, 
if there be fraud in a representation, it will avoid the policy on account 
of the fraud, but not on account of the non-compliance with any part 
pf the agreement. So that there cannot be a clearer distinction, than 
that which exists between a warranty, which makes part of the written 
policy, and a collateral representation, which, if false in a point of 
materiality , makes the policy void, but, if not material, it can hardly ever 
be fraudulent. I have repeatedly, at Guildhall, cautioned and recom¬ 
mended it to the brokers, to enter all representations made by them in a 
book ; that advice has been followed in London. The question then is, 
whether, in this policy, the person insuring has vear ranted that the ship 
would positively and literally have tzvelve carriage guns, and twenty men. 
That is, whether the instructions given in evidence are a part of the 
policy. The answer to this is, read your agreement; read your policy. 
There is no such thing to be found there. It is replied, yes, but in fact 
there is, for the instructions upon which this policy was made contain 
that express stipulation. The answer again is, there never were any 
instructions shewn to the defendant, nor were any asked for by him. 

What colour then lias he to say that those instructions are any part 
of his agreement ? It is said, he insured upon the credit of the first un¬ 
derwriter. A representation to the first underwriter has nothing to do 
with that, which is the agreement, or terms of the policy. The repre¬ 
sentation amounts to no more than this, I tell you what the force will 
be, because it is so much the better for you. There is no fraud in it, 
because it is a representation only of what, in the then state of the ship, 
they thought would be the truth. And in real truth, the ship sailed 
with a larger force ; for, she had nine carriage guns and six swivels. 
The underwriters therefore had the advantage by the difference. There 
>vas no stipulation about what the weight of metal would be. All the 
witnesses say, that she had more force than if she had twelve carriage- 
guns, in point of strength, of convenience, and for the purpose of 
Resistance, The super-cargo, in particular, says, ‘'he-insured the same 


27 a 


MARINE INSURANCES. 


ship, and the same voyage, for the same premium, without saying *£ 
syllable about the force.” Why then it was a matter proper tor the 
jury to say, whether the representation was false, or whether it was 
in tact an insurance as of a ship without force. They have determined, 
and I think very rightly, that it was an insurance without force, and 
theretore there can be no new trial. 

His Lordship was afterwards asked, whether it was the opinion of 
the court, that, to make written instructions valid and binding as a 
warranty, they must be inserted in the policy. Lord Mansfield an¬ 
swered, that most undoubtedly that was the opinion of the court; it a 
man warrant that a ship should depart with twelve guns, and it depart 
with ten only, it is contrary to the condition ot the policy. 

If a representation be made to the underwriter of any circumstance 
which was false, this, if it it be in a material point, shall vacate the 
policy, and annul the contract, although it happens by mistake, and 
without any fraudulent intention, or improper motive on the part of . 
the insured. The principle on which, in such a case, the contract is 
held to be void, is, that the insurer is led into error, and computes his 
risk upon circumstances not founded in fact; by which means the risk 
actually run is different from that intended to be run, at the time the 
contract is made. On this ground it is, that the contract is as much at 
an end as if there had been a wilful and false allegation, or an undue 
concealment of circumstances. 

Macdowill v. Fraser, Doug. 247. — This was an action on a policy 
of insurance on the ship, “ the Mary and Hannah, from New York 
to Philadelphia.” At the time when the insurance was made, which 
was in London, on the 30th of January, the broker represented the 
situation of the ship to the underwriter as follows : “ The Mary 
and Hannah, a tight vessel, sailed with several armed ships, and was 
seen safe in the Delaware on the 1 1tit of December, by a ship which ar¬ 
rived at New-York.” In fact, the ship was lost on the 9th of Decem¬ 
ber, by running against a chexaux de frise , placed across the river. 
The came came on* to be tried before Lord Mansfield, at Guildhall. 
This was field to be a material misrepresentation as to the time when 
the ship was seen ; and the representation and the day of the loss be¬ 
ing proved, the jury found for the defendant. 

in a subsequent case. Lord Mansfield and the rest of the court 
were clearly of opinion, that if the broker, at the time when the po¬ 
licy is effected, in representing to the underwriter the state of the 
ship, and the last intelligence concerning her, does not disclose the. r 
whole, and what he conceals shall appear material to the jury-, they 
ought to find tor the underwriter, the contract in such case being void; 
although the concealment should have been innocent, the facts not men¬ 
tioned having appeared immaterial to the broker, and having not been 
communicated merely on that account.— Shirley v. Wilkinson, Doug. 
Itep. 293. 

In order to vitiate the contract, the thing concealed must be mate¬ 
rial, it must be some fact, and not merely a supposition or speculation 
of the insured ; and liie underwriter must take advantage of any mi$- 
lepresentaiion the first opportunity, otherwise he will not be allowed 
to claim any benefit from it at a future period. If therefore the in¬ 
sured merely represent that he expects a thing to be done, the contract 
will not be void, although the event should turn out very different from 
his expectation. -^-Barber v. Fletcher, Doug. 292. 

Thus, upon a motion for a new trial, one of the grounds stated to 
induce the court to grant it was, that, since the trial, a material re¬ 
presentation 


SEA-WORTHINESS. 


271 


presentation, which had been made to Shulbred, the first underwriter 
upon the policy, and which turned out to be false, had been discover¬ 
ed. Shulbred made an affidavit, by which it appeared, that when 
he signed the policy, in March, 1788, the broker was getting several 
others, in other ships, subscribed at the same time, all belonging to 
the same owner, and said, speaking of them all, — “ which vessels 
are expected to leave the coast of Africa in November or December, 
1777.” In truth the vessel in question had sailed in May, 1777, and 
Shulbred swore, that if he had known that circumstance, he would 
not have signed. There had been actions brought against all the 
underwriters on the policy, except Shulbred. A new trial was 
refused. 

Wherever there has been an allegation of a falsehood, a conceal¬ 
ment of circumstances, or a misrepresentation, it is immaterial whether 
such allegation or concealment be the act of the person himself who 
is interested, or of his agent, or whether it arise from intention or 
negligence ; for, in either case, the contract is founded in decep¬ 
tion, and the policy is consequently void .—Fitzherbert v. Mather, 

1 Term Rep. p. 12. 

If the insured is supposed to be guilty of fraud, the proof of it falls 
upon the underwriter ; direct and positive proof is not necessary; but, 
circumstantial evidence is all that can be expected, and, indeed, ail 
that is necessary to substantiate such a charge. 

It remains to be considered, how far the insurer may retain the pre¬ 
mium or is bound to return it, in cases where the policy is void, on 
account of the frauds which have been treated of in this division- 
This question was decided in the case of Chapman and others, assig¬ 
nees of Kennet, v. Fraser, where it was expressly determined, that, 
in cases of actual fraud on the part of insured or his agent, the un¬ 
derwriter might retain the premium. Hence, too, it would seem, 
that the underwriter is bound to return the premium, where fraud is 
rather by the construction of the law, than by the actual conduct of 
the insured. —- Trinity Term, K, B. 33 Geo. III. 

So, if an underwriter be guilty of concealment or fraud, he is liable 
to return the premium; as, if he insure a ship on her voyage, which 
he privately knew to be arrived. 3 Burr. 1909. 

XI. SEA-WORTHINESS. 

Every ship insured must, at the time of the insurance, be able to 
perform the voyage, unless some external accident should happen; 
and, if she have a latent defect, though wholly unknown to the par¬ 
ties, that will vacate the contract.; and the insurers are discharged. 
This doctrine is founded upon that general principle of insurance-law, 
that the insurers shall not be respon able for any loss arising from 
the insufficient or defective quality or condition of the thing in¬ 
sured. 

But, although the insured ought to know whether the ship was sea¬ 
worthy or not at the time she set out upon her voyage, yet he may not 
be able to know the condition she may be in after s!k; is out a twelve¬ 
month ; and, therefore, whenever it can be made appear, that the 
decay, to which the loss is attributable, did not commence till a period 
subsequent to the insurance, as she was sea-worthy at the time, the 
underwriter would be liable. In a late case, Eden v. Farkinjop , Doug. 

703, 


MARINE INSURANCES, 


272 

708, the same principle Was much relied upon. Lord Mansfield said/ 

By an implied warranty, every ship insured must be right, staunch,' 
and strong; but, it is sufficient if she be so at the time of her sail¬ 
ing. She may cease to be so in twenty-four hours after departure, 
and yet the underwriter will continue liable.”* — Every case of 
this kind, it is true, must depend upon its own circumstances ; 
but, when they are once ascertained, the rule of law is clear and 
decisive. 

Sea-worthiness being an implied condition, in the contract of insu¬ 
rance, it is not necessary there should be any previous represention of 
the condition of the ship, because, unless it be fit for the performance 
of the voyage insured, there is no binding contract. — Shulbred v Nutt ; 
sittings at Guildhall after Hilary, 1782. 

II it be necesssary that the ship itself should be sufficient for the 
voyage, it is also an implied condition, that she should be furnished 
with every thing necessary for the purpose of safe and careful naviga¬ 
tion. Not only must the ship herself be sea-worthy, but she must 
have a sufficient crew, a captain of competent skill, and a pilot on¬ 
board, wherever a pilot is customarily employed. — Law v. Rolling- 
worth, 7 Term Rep. 160. 

XII. ILLEGAL VOYAGES. 

Whenever an insurance is made upon a voyage expressly prohibited 
by the common, statute, or maritime, law of the country, the policy 
is. of no effect, being void from the beginning. 

Even if it be told to the underwriter, that the voyage is illicit, he 
shall not be bound, because the contract is null and void. — Bynk. 
Qua;st. Jur. Pub. 1 i. c. 21. 

If a ship, though neutral, be insured on a voyage prohibited by an 
embargo, laid on in time of war, by the prince of the country in whose 
ports, the ship happens to be, such an insurance is also void. — 1 Black. 
Com. 270. 

It follows, of course, that any act, done in contravention of a pro¬ 
clamation of this nature, is illegal and criminal; because it is equally- 
binding as an act of parliament, and a contract founded on such illicit 
proceedings is consequently void. — Delmada v. Motteux ; Mich. 
25 Geo. III. 

Though an insurance upon a smuggling voyage, prohibited by the 
revenue-laws of this country, would be void under the principle 
above stated; yet the rule has never been supposed to extend to those 
cases where the ships have traded or intended to trade, contrary to 
the revenue laws of foreign bountries, because no country takes notice 
of the revenue-laws of another; in such cases, therefore, the policy 
Is good and valid; and, if a loss happens, the underwriter will be 
’answerable. — Planchex. Fletcher, Doug. 238. 

T he case of Camden and others v. Anderson, was that of an in¬ 
surance made in direct contravention of the exclusive right of tra¬ 
ding granted to the East-India Company by various acts of parlia- 

* If a ship sail upon a voyage, and in a day or two become leaky, and founder; op 
be obliged to return to port, without any storm, or visible or adequate cause to produce 
such an effect; the presumption is, that she was not sea-worthy when she sailed ; and 
the jury, without any evidence on the patt of the defendant, may draw such a conclu¬ 
sion. — Monro v. Vanda'm ; Sittings before Lord Kenyon, Michs. 1794* 


ment 


PROHIBITED GOODS. 


273* 

tnent. The underwriters were deemed not to be liable. 6 Term 
Rep. 725. 

Soon afterwards, a case occurred, in which the rights of the East- 
India Company, as tar as they were affected by the treaty between 
this country and America, came to be discussed in an action on a 
policy of assurance. By the 13th article of that treaty, continued by 
37 Geo. III. c. 79. §. 22. The United States of America are per* 
mitred to trade to and from the British territories in India. This 
was an insurance, “ at and from Bourdeaux to Madeira and the East- 
Indies, and back to America.” It was contended, 1st. That the 
trade which the treaty meant to tolerate was a direct one between 
America and the East-Indies; and, 2dly, that the persons for whose 
benefit this insurance was effected were not entitled.to the benefit 
of the treaty, they being natural-born subjects of Great Britain, but 
had been domiciled in America, 'and received there as citizens of 
those states. The court were of opinion that the trade, allowed by' 
the treaty, need not be direct, but might be carried on circuitously 
through any country in Europe, including Great Britain; and farther 
that, thoiigh a natural born subject cannot throw off his allegiance, 
yet he may be a citizen of America for the purposes of commerce, 
and entitled in the iatter character to all the benefits of the treaty r . 
The plamtiffs therefore recovered. — Wilson v. Marry at \ 8 Term 
Rep. 31. and 1 Bos. and Pull. 430. 

We may conclude the present subject with this principle ; that all 
insurances upon a voyage generally prohibited, such as to an enemy’s 
garrison, or upon a voyage directly contrary to an express act of par¬ 
liament, or to royal proclamation in time of war, are absolutely 
null and void. 

XIII. PROHIBITED GOODS. 

By the 4 and 5 William and Mary, c. 15, §. 14, 15, 16, it is 
enacted, “ That all and every person or persons, who, by way of in¬ 
surance or otherwise, should undertake or agree to deliver any goods, 
nares, or ?nerchandises, whatsoever, to be imported from parts beyond 
the seas, at any port or place whatsoever, within this kingdom of Eng¬ 
land, dominion of Wales, or Town of Berwick-upon-Tweed, with- 
out paying the duties and customs that should be due and payable for 
the same at such importation, or any prohibited goods whatsoever ; or, 
in pursuance of such insurance, undertaking, or agreement, should 
deliver, or cause or procure to be delivered, any prohibited goods, 
or should deliver, or cause or procure to be delivered any goods or 
merchandises whatsoever, without paying such duties and customs as 
aforesaid, knowing thereof, and all and every their aiders, abettors, 
and assistants, should for every such offence forfeit and lose the sum of 
jive hundred pounds, over and above all other forfeitures and penalties, 
to which they are liable by any act already in force.” It is also en¬ 
acted, §. 15, “ That all and every person and persons, who should 
agree to pay any sum or sums of money for the insuring or conveying 
any goods or merchandises that should be so imported, without pay¬ 
ing the customs and duties due and payable at the importation there¬ 
of, or of any prohibited goods whatsoever, or should receive or take 
such prohibited goods into his or their house, or warehouse, or other 
place on land, or such other goods, before such customs or duties 
were paid, knowing thereof, should also for every such offence,' for- 

T feit 


274 


MARINE INSURANCES. 


felt and lose the like sum of five hundred pounds: the one-half of 
the said forfeitures to be to their Majesties, and the other half to the 
informer, or to such persons as should sue for the same. And if the 
insurer, conveyor, or manager, of such fraud should be the discoverer 
of the same, he should not only keep the insurance-money or reward 
given him, and be discharged of the penalties, to which he was liable 
by reason of such offence, but should also have to his own use one- 
half of the forfeitures hereby imposed upon the party or parties ma¬ 
king such insurance or agreement, or receiving the goods as afore¬ 
said : and, in case no discovery should be made by the insurer, con¬ 
veyor, or managers, aforesaid, and the party or parties insured or 
concerned in such agreement should make discovery thereof, he 
•should recover and receive back such insurance-money or premium 
as he had paid upon such insurance or agreement, and should have to 
his own use one moiety of the forfeitures imposed upon such insurer, 
conveyor, or manager, as aforesaid, and should also be discharged of* 
the forfeitures hereby imposed upon such insurer, conveyor, or mana¬ 
ger, as aforesaid, and should also be discharged of the forfeitures here¬ 
by imposed upon him or them.” 

By 8 and 9 W. 3. c. 36. §. 1. it is enacted, “ That every person, 
who should import any foreign alamodes or lustrings from parts beyond 
the seas, into any port or place w ithin the kingdom of England," do¬ 
minion of Wales, 4’c. wdthout paying the rates, customs, impositions, 
and duties, that should be due and payable for the same at such im¬ 
portation, or should import any alamodes or lustrings, prohibited by 
law to be imported, or should, by way of insurance or otherwise, 
undertake or agree to deliver, or, in pursuance of any undertaking, 
.agreement, or insurance, should deliver, or cause to be delivered, 
any such goods or merchandise, and every person who should agree 
to pay any sum or sums of money, premium, or reward, for insuring 
or conveying any such goods or merchandise, or should knowingly 
take or receive the same into his, her, or their, house, shop, ware¬ 
house, custody, or possession, such person or persons should and 
might be prosecuted for any of the offences or matters aforesaid, in 
any action, suit, or information: and thereupon a capias, in the first 
process, specifying the sum of the penalties sued for, should and 
might issue, and such person or persons should be obliged to give 
sufficient bail and security by natural-born subjects, persons naturalized, 
or denizens, to the officer executing the w'rit, to appear in court to 
answer such suit, and at such appearance to give sufficient bail, to 
answer and pay all the forfeitures and penalties incurred' for such 
offence to yield his, her, or their, bodies to prison.” 

By 12 Geo. II. c. 21, §. 29, it is enacted, “ That every person, wffio, 
by way of insurance , or otherwise, should undertake or agree, that 
any ivool, wool-fells, wool-flocks, mortlings, worsted , &c. should be 
carried or conveyed to any parts beyond the spas from any port or 
place whatsoever within this kingdom or Ireland; or, in pursuance 
of such insurance, undertaking, or agreement, should deliver, or 
cause to be delivered, any of the said goods in parts beyond the seas, 
such person, and ail and every Jus aiders, 8?c. should for every such 
offence forfeit and lose the sum of five hundred pounds.” The next 
section inflicts a like penalty on the insured, and the following one, 
in order to encourage the parties to disclose such contract, releases the 
party informing from all the penalties to which he himself was subject, 

and 










PROHIBITED GOODS. 


275 


at hd also gives him the -whole of the forfeiture, after deducting the 
charges of prosecution. 

Hy §. 33, it is enacted, “ That all policies of insurance, which 
shOuM be made on goods and merchandises, loaden or to be loaden on 
any ship or vessel, bound from Great Britain, or Ireland to foreign 
parts beyond the seas, which should afterwards appear to be wool, or 
ten >llen-yani, or any other species of wool or woollen manufactures from 
Ireland $ and all policies of insurance which should be made on any 
ship or vessel bound from Great Britain or Ireland to foreign parts be¬ 
yond the seas, which should have on-board any wool, woollen-yarn, 
or any other species of wool or woollen manufacture from Ireland, 
should be deemed and taken to be null and void, notwithstanding any 
words or agreement whatsoever, which should be inserted in any such 
policy of insurance; and nothing should be recovered by the assured 
in either case tor loss or damage, or for the premium which should have 
been given as the consideration for the insuring such goods and mer¬ 
chandises, ship, or vessel.” 

The forty-fifth section of 28 Geo. III. c. 38, declares, that “ every 
person or persons, who, by way of insurance or otherwise, shall in- 
dertake or agree that any sheep , wool, or any other of the enumerated 
articles in the statute, shall be carried or conveyed to any parts beyond 
the seas, from any port or place whatsoever within the kingdom, 
or, in pursuance of such undertaking or agreement, shall deliver, or 
cause or procure to be delivered, any sheep, wool, &c. in parts 
beyond the seas, such person or persons, their aiders and abettors, shall, 
upon conviction, be liable to the same punishmsnt as the exporters.” 

The next section inflicts a like penalty upon the persons paying of 
such insurance. 

By §. 48, it is declared,, that all policies of insurance, which shall be 
made on goods and merchandises, laden or to be laden on any ship or 
vessel bound from Great Britain to foreign parts, which shall after¬ 
wards appear to be wool/ woollen, or worsted-yarn, &c. shall be 
deemed to be null and void, notwithstanding any words or agreement 
whatsoever which should be inserted in such policy of insurance, and 
nothing shall be recovered by the insured from the insurer for loss or 
damage, or for the premium which shall have been given as the con* 
sideration for such insurance. 

To mention by name all the different kinds of merchandise, which 
fall under the description of prohibited goods, would be tedious; and, 
as it should seem, wholly unnecessary. Thus much may be laid down 
as a general proposition, that all insurances upon goods, forbidden to be 
exported or imported, by positive statutes, or by the king’s proclamation 
in time of war ; or which, from the nature of the commodity, and by 
the laws of nations, must necessarily be contraband, are absolutely 
mill and void. Under the first division may be ranked, ali offences 
against the revenue-laws of this country; and, therefore, if an insurance 
were made in order to protect smuggled goods, such insurance would 
doubtless be of no effect. To this head, also, may be referred any breach 
of the navigation-acts,* which were established for the protection, en¬ 
couragement, and advancement, of our commercial and naval interests. 

They are likewise some commodities which, from their nature, as 
well as by the law of nations, are contraband ; and, upon this subject 
ali writers agree in establishing this as a settled undisputed rule, that 


* Th/se acts will be found heteafter in the present work. 

TQ 


whoever 


MARINE INSURANCES. 


276 

whoever conveys any necessaries to a besieged town, camp, or port, 
is guilty of a breach of the law of nations. This being the case, 
an insurance upon such commodities must necessarily be void and 
of no effect, agreeably to the principles which have been advanced. 

But insurances upon goods, the exportation or importation of which 
are forbidden by the laws of other countries, are valid ; because one 
nation never takes notice of the revenue-laws of another. — Douglas’s 
Rep. 238. 

XIV. WAGER-POLICIES. 

We now proceed to treat of those policies which, by the positive 
statute-laws of the country, are declared to be absolutely null and 
void. Of these the largest class are wager-policies, or policies, as they 
are called, upon interest or no interest . 

While policies upon interest or no interest were legal, there was this 
difference between them and the insurances upon interest; namely, in 
the latter the loss actually sustained, whether total or partial, was re¬ 
covered ; and in the former there could be no recovery but for a total 
loss. The former of these kinds having given rise to wagering specu¬ 
lations of considerable and detrimental extent, an act of parliament 
passed, in the 19th year of the reign of king George II. c. 37, en¬ 
titled, ** An act to regulate insurance on ships belonging to the sub¬ 
jects of Great Britain, and on merchandises or effects laden thereon.” 
We shall here cite as much of it as relates to the present subject of 
wager-policies, and afterwards the other clauses of it, under those 
heads to which they more immediately apply. 

The preamble states : “ Whereas it hath been found, by experience, 
that making assurances interest or no interest . or without farther proof 
of interest than the policy, hath been productive of many pernicious 
practices, whereby a great number of ships, with their cargoes, have 
either been fraudulently lost and destroyed, or taken by the enemy in 
time of war: and such assurances have encouraged the exportation of 
wool, and the carrying on many other prohibited and clandestine 
trades, which by means of such assurances, have been concealed, 
and the parties concerned secured from loss, as w^ell to the diminu¬ 
tion of the public revenue as to the great detriment of fair traders; 
and, by introducing a mischievous kind of gaming or wagering, under 
pretence of assuring the risk on shipping and lair trade, the institution 
and laudable design of making assurances hath been perverted ; and that, 
which was intended for the encouragement of trade and' naviga¬ 
tion, has, in many instances, become hurtful of and destructive to 
the .same.” 

§. 1. “ For remedywhereof it is enacted, that no assurance or assu¬ 
rances shall be made by any person or persons, bodies corporate or 
politic, on any ship or ships belonging to his Majesty, or any of his 
subjects, on any goods, merchandises, or effects, laden or to be laden 
on-board of any ship or ships, interest or no interest, or without farther 
proof of interest than the policy , or by way of gaming or wagering, or 
without benefit of salvage to the assurer; and that every such insurance 
shall be null and void to all intents and purposes.” 

§.2. ** Provided always that assurances on private ships of war, 
fitted out by any of his Majesty’s subjects solely to cruise against his 
Majesty’s enemies, may be made by or for the owners thereof, interest 
or no interest, free of average, or without benefit of salvage to the 

assurer ; 



WAGER-POLICIES. 


&77 


assurer; any thing herein contained to the contrary thereof in any¬ 
wise notwithstanding. 

§.3. “ Provided also, that any merchandises or effects, from any 
port or places in Europe, or America, in the possesion of the crowns 
of Spain or Portugal, may he assured in such way and manner, as if 
this act had not been made.” 

By the first section of the act, it is clear, that, at this day, all in¬ 
surances made contrary to it are absolutely void and of no effect. It 
may now be material to consider, first, what cases have been held 
not to fall within its description : and, secondly, those which the po¬ 
licies have consequently been holden to be void. 

This act does not extend to insurance of foreign property, and on 
foreign ships. — Thellusson v. Fletcher , Doug. 301. — Craufurd v. 
Hunter , 2 Term Rep. 

It was formerly thought, that a valued policy was a wager-policy, 
like interest or no interest: but this idea is npw exploded. Of the 
difference between open and valued policies much has been already 
said ; and the origin of the latter was derived from this source; it 
being sometimes troublesome to the trader to prove the value of his 
interest, or to ascertain the quantity of his loss,- he gave the insurer a 
higher premium to agree to estimate his interest at a precise sum. 
To recover upon this kind of policy, the insurer need only prove 
that he had an interest, without shewing the value. If, indeed, it 
appeared, or could be made to appear, that the interest proved was 
merely a cover to a wager, in order to evade the statute, there is 
no doubt such a policy would be void. — Lewis v. Rucker, 2 Burr. 
1167. 

In an insurance on the profits expected to arise on a cargo of mo¬ 
lasses belonging to the plaintiff, who had a contract with government 
to supply the army with spruce-beer. Lord Mansfield thought it an 
insurable interest, and not contrary to the act of parliament, although 
a clause in the policy declared, “ that, in case of loss, it was agreed 
that the profits should be valued at £ 1000, without any voucher than 
the policy.” He added, “ the meaning of this policy is not to evade 
the act of parliament, but to avoid the difficulty of going into an exact 
account of the quantum. I cannot distinguish it from a valued po¬ 
licy ; and there is no pretence for saying it is a Wagering one.”—» 
Grant v. Parkinson, Mich. 22 Geo. III. 

So likewise, in a late case, where the interest was declared by 
the policy to be on the commissions of the plaintiff as consignee of the 
cargo , valued at £ 1500. Lord Kenyon expressed a very strong opi¬ 
nion, that this was a good insurable interest; but, the matter being 
compromised, it did not come to any decision. — Flint v. Le Mesuncr ; 
sittings after Hilary Term, 1796, at Guildhall. 

In another case it appeared, that an insurance had been made upon 
any of the packet-boats that should sail from Lisbon to Falmouth, or 
such other port in England as his Majesty should direct, for one year, 
upon any kind of goods and merchandises whatsoever. And it was 
agreed, that the goods and merchandises should be valued at the sum in¬ 
sured on such packet-boat, without farther proof of interest than the po¬ 
licy, and to make no return of premium for want of interest, being on 
bullion or goods. The insured had an interest in bullion on-board 
the Hanover packet, which was lost within the time mentioned in the 
policy. The court held that this was an action of a peculiar sort; 
and was an exception out of the statute ot the 19 Geo. II. c. 37* 

£ 3 coming 


27 S 


MARINE INSURANCES. 


coining within the proviso in the third section (just quoted.) It if? 
a tnixed policy; partly a wager-policy, partly an open one: and it 
is a valued policy, and fairly so without fraud or misrepresentation. 
Therefore the loss having happened, the insured is entitled as for a 
total loss. 

It has also been solemnly settled, that upon a joint capture by the 
army and navy, the officers and crews of the ships, before condemna¬ 
tion, have an insurable interest, by virtue of the prize-act, which 
usually passes at the commencement of a war. — Le Cras v. Hughes, 
B. R. 22 Geo. III. 

So, in a modern case, it has been holden, that the captors of 
ships seized by them as prize, have an insurable interest in them, 
in the voyage homt*^for the purpose of bringing them to adjudica¬ 
tion in the admiralty. — Boehm v. Bell, 8 Term Rep. 154-. 

So, also, the commissioners, appointed under 35 Geo. III. c. 80, 
for the taking care and disposing of Dutch ships and effects, detained 
in or brought into the ports of this kingdom, have an insurable interest 
therein. -it- Craifurd v. Hunter, 8 Term Rep. 13. 

+ In a late case, where a house in Spain, who were indebted to the 
plaintiffs, had consigned goods to Messrs Dubois, and indorsed the 
bill of lading to them, with a letter annexed, directing them to hold 
a part of the said goods for the use of the plaintiffs : it was held, 
that the plaintiffs, although they had not ordered the goods, had yet 
an insurable interest, being creditors of the house in Spain. — Hill and 
another v. Secretan; 1 Bos. and Pull. 315. 

In this construction of the act it has been holden, that all in¬ 
surances, made by persons having no interest in the event about which 
they insure, or without reference to any property on-board, are merely 
wagers, destructive of the true ends for which this contract was in¬ 
troduced into the mercantile world: and therefore are to. be con¬ 
sidered as absolutely null and void. — Kent v. Bird, Cowp. 583. 

Where a man insures of2Q00, and it turns out in proof that he has 
an interest to the value of a cable only, such an interest will never 
be allowed to operate so as to evade the statute. Indeed, wherever 
the court can see, upon the face of the policy, that it is merely a 
contract of gaming, where indemnity is not the object in view, they 
are bound to declare such policy void. — Loiery and another v. Bout - 
dieu, Doug. 451. 

The second section of the act in question, which allows of insu¬ 
rances being made on private ships of war, interest or. no interest, 
seems sufficiently clear, and requires no explanation. 

XV. RE-ASSURANCE: and DOUBLE-INSURANCE; 

Re-assurance may be said to be a contract, -which the first insurer 
enters into, in order to relieve himself from those risks which he has 
incautiously undertaken, by throwing them upon other underwriters, 
who are called re-assurers. 

The re-assurer. is wholly unconnected with the original owner of 
the property insured ; and as there is no obligation between them 
originally, so none is raised by the subsequent act of the first under¬ 
writer. The risks of the insurer form the object of the re-insurance, 
which is a new independent contract, not at ail concerning the in- 

, sured; 


RE-ASSURANCE: and DOUBLE-INSURANCE, Z79 

sured ; who consequently can exercise no power or authority with re¬ 
spect to it. — Pothier, tit. Assurance, No. 96. 

Although such a contract seems perfectly fair and reasonable in it¬ 
self, and might be productive of very beneficial consequences to those 
concerned in this important branch of trade ; yet, like many other 
useful institutions, it was >so much abused and turned to purposes so 
pernicious to a commercial nation, and so destructive of those very 
benefits it was originally intended to promote and encourage, that the 
legislature was at last obliged to interpose, and by a positive law to 
cut off all opportunity of practising those frauds in future, which were 
become thus glaring and enormous. 

Accordingly, by the fourth section of the 19 Geo. II. c. 37, it is 
enacted, “ that it should not be lawful to make re-assurance , unless 
flie assurer should be insolvent, become a bankrupt,* or die; in 
either of which cases such assurer, his executors, administrators, 
or assigns, might make re-assurance, to the amount before by him 
assured, provided it should be expressed in the policy to be a re¬ 
assurance.” 

This act is worded in such express terms, excluding every species 
of re-assurance, except in the three instances of death, bankruptcy, 
or insolvency, that a doubt, as it would seem, could hardly be found¬ 
ed upon it. But as it was held, that the first clause of the statute, 
prohibiting insurances interest or no interest , did not extend to foreign 
ships; so it was argued that re-assurances made here on the ships of 
foreigners did not fall within the act. This point came on to be 
considered in the court of King’s Bench, in the year 1787, in the 
form of a special case, stating, that a re-assurance was made by the 
defendant on a French vessel , first insured by a French widens r iter at 
Marseilles, who was living, and who, at the time of subscribing the 
second policy, was solvent. 

The court (Ashhurst, Buller, and Grose, justices) were unani¬ 
mously of opinion, that this policy of re-assurance was void : and 
that every re-assurance in this country, either by British subjects or 
foreigners, on British or foreign ships, is void by the statute, unless 
the first assurer be insolvent, become a bankrupt, or die. — Andree v. 
Fletcher, 2 Term Rep. 161. 

A double insurance is where the same man is to receive tzco sums 
instead of one, or the same sum twice over, for the same loss, by 
reason .of his having made two insurances upon the same goods or 
the same ship. The first distinction between these two contracts is, 
that a- re-assurance is a contract made by the first underwriter, his 
executor, or assigns, to secure himself or his estate; a double in¬ 
surance is entered into by the insured. A re-assurance, except in the 
cases provided for by the statute, is absolutely void; a double in¬ 
surance is not void ; but, still the insured shall recover only one satis¬ 
faction for his loss. Where a man has made a double insurance, he 
may recover his loss against which of the underwriters he. pleases, 
but he can recover no more than the amount of his loss. It being 
thus settled, that the insured shall recover but one satisfaction, and 


* By the 19 Geo. II. c. 32. §. 2. it is enacted that, when any obligor in a respon¬ 
dentia or bottomry bond, or any underwriter of a policy of insurance, become bank¬ 
rupt before tht'oss of ship or goods mentioned in such bonds or policies, the obbgee 
of any such bond, or the insured in such policy, t^ay, in cases of subsequent loss, 
prove their claims under such commissions oi bankruptcy, and be entitled to dividends 
3s other creditors. 

T 4- that, 


MARINE INSURANCES. 

that, in case of a double insurance, lie rriay fix upon which of the* 
nnderwriters he will for the payment of his loss, it is a principle of 
natural justice, that the several insurers should ail of them contribute 
in their several proportions, to satisfy that loss, against which they 
have all insured. 

• In the year 1763, it was ruled by Lord Mansfield, chief justice^ 
and agreed to be the course of practice, that, upon a double insu¬ 
rance, though the insured is not intitled to two satisfactions, yet. 
Upon the first action, he may recover the whole sum insured, and 
may leave the defendant therein to recover a rateable satisfaction 
from the other insurers. — Newby v. lieed; Sittings in London in 
Easter vacat. 1763. 1 Black Rep. 416. 

Thus also it was determined in a subsequent case at Guildhall.— 
Rogers v. Davis; sittings in Michaelmas vacation, 17 Geo. III. before 
Lord Mansfield. 

Although a man, by making a double insurance, should not be 
allowed to recover a double satisfaction for the same loss, yet various 
persons may insure various interests on the same thing, and each to 
the whole value, (as the master for wages, the owner for freight, 
one person for goods, another person for bottomry,) and such a con¬ 
tract does not fall within the idea of a double insurance.—-1 Burr. 496. 

XVI. CHANGING the SHIP, 

Changing the ship, or, as it is commonly called, changing the 
bottom, will operate as a bar to the insured’s recovering upon a po¬ 
licy of insurance against the underwriter. Except in some special 
cases of insurances upon ship or ships, it is essentially requisite, to 
render a policy of insurance effectual, that the name of the ship, on 
which the risk was to be run, should be inserted. This being done, 
it follows, that the insured shall neither substitute another ship for that 
mentioned in the policy, before the voyage commences, nor during 
the course of the voyage, remove the property insured to another 
ship, without Consent of the underwriter, or without being impelled 
by a case of unavoidable necessity . 

And this doctrine, relative to the changing the bottom of the 
ship, was alluded to by Lord Mansfield, when delivering the opi r 
nion of the court in the case of Pelly against the Royal Exchange 
Assurance Company. “ One objection,” said his lordship, “ was 
formed by comparing this case to that of changing the ship or bottom, 
on board of which goods are insured : which the insured have no right 
'to do. 

This is to be taken as a rule, subject to the exceptions of inevit¬ 
able or urgent neccessity; for, it has been held, that the owners of 
■goods insured, by the act of shifting the goods from one ship to 
another, do not precluae themselves from recovering an average 
loss, arising from the capture of the second ship, if they act from 
necessity, and for the benefit of all concerned .—Flantamour y; 
Staples; 1 Term E. 611, note (a.) 

XVII. DEVIATION. 

Deviation means a voluntary departure, without necessity, or any 
reasonable cause, from the regular and usual course of the specific 

voyage 


DEVIATION. 


231 


voyage insured. Whenever a deviation of this kind fakes place, the 
Voyage is determined; and the underwriters are discharged from 
any responsibility. It is necessary to insert, in every policy of in¬ 
surance, the place of the ship’s departure, and also of her destina¬ 
tion. Hence it is a condition, on the part of the insured, that the 
ship shall pursue the most direct course, of which the nature of 
things will admit, to arrive at the destined port. If this be not done, 
if there be no special agreement to allow the ship to go to certain 
places out of the usual track, or if there be no just cause assigned 
tor such a deviation, the underwriter is no longer bound by his 
contract. Nor is it at all material, whether the loss be or be not 
in actual consequence of the deviation; for, the insurers are in 
no case answerable for a subsequent loss, in whatever place it hap¬ 
pens, or to whatever cause it may be’attributed*- Neither does it 
make any difference, whether the insured was or was not consenting 
to the deviation. 

The plaintiff was a shipper of goods in a vessel bound from 
Dartmouth to Liverpool. The ship sailed from Dartmouth and put 
into Loo ; a place she must of necessity pass by in the course of the in¬ 
sured voyage. But, as she had no liberty given her by the policy to 
go into Loo, and although no accident befel her in going to or coming 
out of Loo, (fqr she was lost after she got out to sea again,) yet Mr 
Justice Yates held that this was a deviation, and a verdict was accord¬ 
ingly found for the underwriters. — Fox v. Black ; Exeter assizes, 
J7b7, before Mr Justice Yates, 

In another case, an action was brought upon a policy upon goods 
and other merchandises, loaden on-board the ship called the Charming 
Nancy, from Dunkirk to Leghorn. The ship came to Dover in her 
way to procure a Mediterranean pass, and was afterwards lost. Lord 
Mansfield was of opinion, that the calling at Dover was a deviation ; 
and the plaintiff was nonsuited. — Townson v. Guyon, before Lord 
'Mansfield, 

It was held, by Lord Chief Justice Lee; that if the master of a 
vessel put into a port not usual, or stay an unusual time, it is a devia¬ 
tion, and discharges the insurer. 

It has also been held, that even where there is a permission given 
to touch and stay at a place, that confers no privilege on the assured to 
break bulk, or to unload any part of the cargo. — Stitt v. Wardell; 
Mich. 1797. 

In a case upon a policy of insurance on a ship at and from Fisherow 
to Gotienburgh, and back to Leith and Cockenzie , it appeared that, in 
the homeward voyage, she went first to Cockenzie, which iay nearer 
to Gottenburgh than Leith, and was stranded in the harbour "bf 
Cockenzie. The court were of opinion, that, unless there be -some 
usage proved, or some special facts to vary the general rule, the 
party insured must go to the several places mentioned in the policy, 
in the order in which they are named ; and that, to depart front that 
course is a deviation. — Beatsou v. Howard; 6 Term Rep. 531. 

So in a very late case, where a ship was insured, “ at and from 
Lisbon to a port in England, with liberty to call at any one port in 
Portugal for any purpose whatever.” The ship sailed from Lisbon to 
Ferro, to complete her loading. Ferro being a.port to the southward 
of Lisbon, and lying directly out of the course of the voyage to 
England, Lord Kenyon was of opinion that it was a deviation ; 
as the liberty given must be restrained to mean some port lying 


282 MARINE INSURANCES. 

in the fair course of the voyage. — Hogg v, Horner ; Michaelmas 
Term, 1797. 

These principles being once established, it follows, as a necessary 
consequence, that, however short the time of deviation may be, if 
only for a single night, or even for an hour, the underwriter is equally 
discharged, as it there had been a deviation for weeks or months; 
for, the condition being once broken, no subsequent act can ever make 
it good. 

I he ship George, was bound from Cork to Jamaica, with a convoy, 
in the course of a war. The captain in concert with two other 
vessels, took advantage of the night, and, being ships of force, cruised, 
and thereby deviated out of the direct course of their voyage, in 
hopes of meeting with a prize. Lord Camden clearly held, and a 
special jury of merchants, agreeably to his directions, determined 
that, from the moment the George deserted or deviated from the 
direct voyage to Jamaica, the policy was discharged. — Cock v. Tozun- 
son; C. P. before Lord Camden. 

In a modern case, however, it seemed to be the general opinion 
of Lord Mansfield and a special jury, and was sworn to be the usage 
by several witnesses, that, if a merchant-ship carry letters of marque, 
she may chose an enemy, though she may not cruise , without being 
deemed guilty of a deviation. 

On an insurance of the Mary, at and from London to Cork and the 
West-Indies, the question was, whether a ship, having letters of 
marque, could chase an enemy’s ship, without being said to have 
deviated. The facts were, that in the night the Mary had descried 
a SpanLh sail; and, after chasing, lost sight of her for six hours, till 
the morning, when they engaged. The Mary did not make a prize 
of the Spanish sail, but she proceeded on her voyage, and was 
afterwards captured. It was agreed on all hands, that a ship, in 
such circumstances, might not cruise ; and several witnesses spoke 
to the usage and practice of ships, which carried letters of marque, 
chasing an enemy. It was admitted, on the part of the insurers, that, 
if an enemy came in the way, the ship must defend of engage; 
but contended, that, if the letter of marque lost sight of the enemy, 
then it was no longer chasing but cruising. Lord Mansfield left it 
upon the evidence, to the jury, who found for the plaintiffs; thereby 
deciding the question in the affirmative.— Jolly v. Walker ; at Guildhall, 
Easter vacation, 1781. 

lit a late case, the judges were unanimously of opinion, that if 
the assured, without the knowledge of the underwriters, take out a 
letter of marque, (but without a certificate, which, by the prize-act, 
is necessary to its validity,) f<|r the purpose of inducing the seamen 
to enter, and without any intention of cruising, this does not so 
essentially vary the risk as to vacate the policy.— Moss v Byron, 6 Term 
Rep. 379. 

A voluntary deviation from the voyage insured vitiates , a policy 
upon freight, as well upon ship and goods. Thus'on an insurance on 
freight of the ship Bethiah, at and from Bourdeaux to Virginia, it appear¬ 
ing that the goods were to be carried in the ship from Bourdeaux to St 
Domingo, and that she was only to call at Norfolk in Virginia for 
orders. Lord Kenyon was of opinion, that the underwriters had a 
right to expect that the goods, upon which the freight was payable, 
were consigned to Virginia, and not to another place, and that the 

calling 


DEVIATION. 


1283 


calling at Norfolk for orders was a deviation. — Murdock v. Pott, 
Sittings at Guildhall, after Trinity, 1795. 

But, wherever the deviation arises from necessity and a just cause, 
the underwriter still remains liable, although the course of the voyage 
is altered. — Rocus, n. 52. 

The ship Mediterranean went out in the merchants service with a 
letter of marque, and bound from Bristol to Newfoundland, insured by 
the defendant. In her voyage she took a prize, and returned with it 
to Bristol, and received back a proportionable part of the premium. 
Then another policy was made, and the ship set out, with express 
orders from the owners, that, if another prize was taken, the captain 
should put some hands on-board such prize, and send her to Bristol; 
but that the ship in question should proceed with the merchants 
goods. Another prize was taken in the due course of the voyage, 
and the captain gave orders to some of the crew to carry her to Bristol, 
and designed to go on to Newfoundland ; but, the crew opposed him, 
and insisted he should go back, though he acquainted them with his 
orders; upon which he was forced to submit; and on his return his 
own ship was taken, but the prize got in safe. And now, in an 
action against the underwriters, it was insisted, that this was such a 
deviation as discharged them. But the cdurt and jury held, that this 
was excused by the force upon the master, which he could not resist, 
and therefore fell within the excuse of necessity, which had always 
been allowed. So the plaintiff had a verdict for the sum insured. — 
Elton v. Brogden; 2 Stra. 1264. 

The first ground of necessity, which justifies a deviation, is that 
of going into port io repair. If a ship be decayed, or receives material 
and imminent damage in her voyage, which cannot be repairea at 
sea, and goes to the nearest place to refit, it is no deviation ; because 
it is for the general interest of all concerned, and consequently for 
that of the underwriters, that the ship should be put in a proper 
condition capable of performing the voyage.— Motteux and others v. 
the London Assurance Company, 1 Atk. 545; and Gilbert v. Readskaw, 
Sittings in London, Hilary vacation, 1781. 

The next excuse for leaving the direct course is stress of weather* 
Upon this point the rule is this; that, whenever a ship, in Older to 
escape a storm, goes out of the direct course, or when, in the due 
course of the voyage, she is driven out of it by stress cf weather, 
this is no deviation. It has also been held, that, if a storm drive a 
ship out of the course of her voyage, • and she do the best sh ? can to 
get to her port of destination, she is not obliged to return to the 
point from which she was driven. — -Harrington v . linked, Silt, in 
Lond. Mich. Vac. 1778. 

If a ship be driven out of her port of loading by stress of weather, 
into another, and then does the best she can to get to her port of desti- 
na|ion, it shall not be deemed a deviation, though she do not return 
to the port whence she was driven. Deluncyw otoddart; 1 Term 
Rep. p. 22. 

A deviation may also be justified, if done to avoid an enemy, cr 
seek for convoy : because it is in truth no deviation to go out of the 
course of a voyage, in order to avoid danger, or to obtain protection 
ngainst it. — Bond v. Consults, 2 Salk. 445. — Gordon v. Morley. — 
Campbell v Bordicu, 2 Stra. 1 265. 

In the ase of Bond against Nutt, in which the material question 
s-vas, whether a warranty had or had not been complied with; the 

point 


284- 


MARINE INSURANCES. 


point of deviation for the purpose of procuring convoy also came 
under consideration of the court. Upon that occasion Lord Mansfield 
and the whole court held, that, if a ship go to the usual place of ren¬ 
dezvous , for the sake of joining convoy there ready, though such place 
be out of the direct course of the voyage, it is no deviation. — Cowp. 
Rep. 601. 

And, in a more modern case, the only question was, whether there 
was a deviation or not. Lord Mansfield there directed the jury to find 
for the plaintiffs, if they believed that the captain fairly and bonct fide 
acted according to the best of his judgement; that he had no other 

view or motive but to come the safest way home, and to meet 

with convoy; for, that it was no deviation to go out of the way to 
avoid danger. — Enderby and another v. Fletcher j Silt, in Lond. Trim 
Vac. 17 SO. 

If, by the usage of any particular trade, it is customary to stop at 
certain places lying out of the direct course from A to B, it is not a de¬ 
viation 10 stop there, because it is a part of the voyage; but, in order 
to justify the captain of a ship in quitting the strait and direct line 

from the port of loading to that of delivery, there must be a precise, 

clear, and established, usage upon the subject, not depending merely 
upon one or two loose and vague instances. 

Where a ship was insured from Liverpool to Jamaica, and had 
put into the Isle of Man, it appeared that there were some instances 
of the Liverpool ships putting in there, but it was not the settled, 
common, established, and direct, usage of the voyage and trade ; it 
was therefore held a deviation, and the underwriters were discharged 
from any loss that happened subsequent to the deviation. — Salisbury 
v. Toivnson. 

So also if a ship be insured upon a trading voyage, it is incumbent 
on the parties assured to carry on that traae with the usual and rea¬ 
sonable expedition, otherwise tneir conduct will amount to a de¬ 
viation, and discharge the policy. — Hartly v. Buggin , K. B. Mich, 
22 Geo HI. 

But though an actual deviation from the voyage insured is thus fatal 
to the contract of insurance, yet a deviation, merely intended, but 
never carried into effect, is considered as no deviation, and the in¬ 
surer continues liable. Thus, in the case of an insurance from Ca¬ 
rolina to Lisbon, and at and thence to Bristol, it appeared, that 
the captain had taken in salt, tvhich he was to deliver at Falmonth 
before he went to Bristol; but, the ship was taken in the direct 
road to both, and befpre she came to the point where she would 
have turned off to Falmouth. Lord Chief Justice Lee held, that the 
insurer was liable; for, it was but an intention to deviate, and that was 
held not sufficient to discharge the underwriters. — Foster v. Wilmer . 
2 Stra. 1249. 

In the case of Carter v. the Royal-Exchange Assurance-Company, where 
the insurance was from Honduras to London, and a consignment to 
Amsterdam, a loss happened before she came to the dividing point be¬ 
tween the two voyages, for which the insurers were held liable to . 
pay. —2 Stra. 124-9. 

If, however, it can be made appear, by evidence, that it never 
was intended, or came within the contemplation of the parties to sail 
upon the voyage insured: if all the ship’s papers and documents be 
made out for a different place from that described in the policy, the 
insurer is discharged from all degree of responsibility, even though the 


DEVIATION. 


2SS 


loss should happen before the dividing point of the two voyages. This 
distinction was very properly taken by the Court of King’s Bench, in 
Woolridge v. Boy dell, Dough 16. 

In a still later case, the same doctrine was advanced, namely, that 
if a ship be insured from a day certain, from A to B, and, before 
the day, sail on a different voyage from that insured, the assured can¬ 
not recover; even though the ship afterwards fall into the course of 
the voyage insured, and be lost after the day on which the policy was 
to have attached. — IVay v. Modigliani, 2 Term Rep. 30. 

In a very modern case in the Common Fleas, in which there was 
occasion to re-consider the two preceding cases, it was unanimously 
determined, that where the commencement and the end of the intended 
voyage, continue the same as those described in the policy, an inten¬ 
tion to go to an intermediate port, though that intention should be form¬ 
ed previous‘to the ship’s sailing, will not vitiate the insurance, till 
actual deviation. — Kcidey v. Ryan, 2 H. Blackst. Rep. 343. 

Conformably with this decision, another more recent case, but more 
critical in its circumstances, has been adjudged in the court of 
King’s Bench. It was on a policy of insurance on goods on-board 
the Arethusa, “ at and from London to Jamaica.” The ship was 
cleared out from Jamaica only, but she sailed from London, with 
directions to the captain to touch, in his way, at Cape Nicola Mole, 
in the Island of St Domingo, in order- to land some stores there, 
pursuant to a charter-party entered into for that purpose, and after¬ 
wards to proceed to Jamaica. St Domingo lies in the track to Ja¬ 
maica, and of course the voyage to Cape Nicola Mole is, to a cer¬ 
tain point, the same. From that point there are three tracks which 
a ship, bound to Jamaica, may take : one of them immediately to the 
southward of St Domingo, another still farther to the southward, and 
a third to the northward, of that island. The ship was captured in 
the latter track, ajter she had passed the general dividing point of the 
three several tracks, but before she had reached the particular point, 
at which the continuing course to Jamaica divides from that leading 
into Cape Nicola Mole. Each of these three tracks have their ad¬ 
vantages in different circumstances; but the captain was obliged, by 
the command of his owners, to take that to the northward, and had 
not the power to choose which of these he would take; and, in fact, 
he did not exercise his judgement or discretion in selecting.the course, 
but adopted it as the most direct and proper one for going to the Capo, 
whither he was first bound. The court were of opinion, that, when 
the ship came to the dividing point of the three tracks, and took 
the northern course, there the deviation commenced; because the 
captain did so, not from his judging it to.be the best course for 
Jamaica, but the direct one to Cape Nicola Mole, whither he was 
bound. The underwriters were of course discharged. — Middleiuood 
v. Blakes, 7 Term Rep. 162. 

From the proposition just established, namely, that a mere intention 
to deviate will not vacate the policy, it follows, as an immediate 
consequence, that whatever damage is sustained before actual devia¬ 
tion will fall upon the underwriters. 

Thus it was held by Lord Chief Justice Holt, who said, that if a 
policy of insurance be made to begin from the departure of the ship 
from England, until, &c. and after the departure a damage happens 
&c. and then the ship deviates', though the policy is discharged 
from the time of the deviation, yet for the damages sustained before 
- ... ‘ ' the 


286 


MARINE INSURANCES. 


the deviation, the insurer shall make satisfaction to the insured. — 
Green v. Young, 2 Ld. Kaym. 840. Salk. 444. S. G. 

JBy the convoy-act,(43 Geo.. III. c. 57, $.'4,) in case any ship, during 1 
the war, sail without convoy, or afterwards wilfully desert or separate 
therefrom, contrary to that act, every policy of insurance upon such 
ship, goods, or freight, (which shall be the property of the master, or of 
any person interested therein, who shall have been instrumental in, or 
privy to, causing such ship so to sail without convoy, or to separate,) 
shall be null and void to all intents and purposes. 

In cases of deviation, the premium is not to be returned ; because, 
the risk being commenced, the underwriter is entitled to retain it. 

XVIII. NOltf-COMPLIANCE WITH WARRANTIES. 

A warranty is a policy of insurance is a condition or contingency, 
a certain thing shall be done, or happen ; and, unless, that is performed, 
there is no valid contract. It is perfectly immaterial for what view 1 
the warranty is introduced; but, being once inserted, it becomes a 
binding condition on the insured; and, unless he can shew-that he has 
literally fulfilled it, or that it was literally performed, the contract is the 
same as if it had never existed. — 1 Term Rep. p. 345. 

But, as a warranty must be strictly complied with in favour of the un¬ 
derwriter, and againsj: the insured, equal justice demands, that, if a strict 
and literal compliance with the warranty will support the demand of 
the insured, the decision ought to be in his favour; especially when, 
by such a decision, all the words in the policy will have their full 
operation. 

In an action on a policy on goods, dated the 9th of December, 1784, 
lost or not lost, warranted well this 9lh day of December, 17 84 ; it appear¬ 
ed, that the warranty was at the foot of the policy ; that the policy was' 
underwritten between the hours of one and three in the afternoon of 
the 9th of December; that the ship was well at six o’clock in the morn¬ 
ing, but was lost at eight ©’clock the same morning. Upon a motion 
to set aside a non-suit, which had been entered, Lord Kenyon and the 
other judges were clearly of opinion, that the warranty was sufficiently 
complied with, if the ship were well at any time that day: that the 
nature of a warranty goes to determine the question; for, as it is a 
matter of indifference whether the' thing warranted be or be not ma¬ 
terial, and yet must be literally complied with, still, if it be complied 
with, that is enough : and there was good reason for inserting these 
words, because they protected the underwriter from losses before that 
day, to which he would otherwise have been liable, as the policy 
was on the goods from the lading; and thus, too, the words lost or 
not lost have also their operation. — Blackhurst v. Cockell , 3 Term 
Rep. 360. 

If a ship be warranted to sail on or before the 1st of August, and she 
be prevented by any accident from sailing till the second of August, 
as by the sudden want of any necessary repair, or by the appearance 
of an enemy at the mouth of the port, the captain would do right not 
to sail; but there would bb an end of the policy. — Cowper, 607. 

In order to make written instructions valid and binding as a warran¬ 
ty, they must appear on the face of the policy itself; even though a 
written paper be wrapt up in the policy, when it is brought to tffc under¬ 
writers to subscribe, and shewn to them at that time : or even though 

it 


NON-COMPLIANCE WITH WARRANTIES. 


287 


it be r vafered to the policy, at the time of subscribing; still it is not ill 
either case a warranty, or to be considered as part of the policy itself, 
but only as a representation. Both these instances have occurred before 
Lord Mansfield, in Raivson v. Bavnevelt. Dougl. 12. and in Bize v. 
Fletcher , Dougl. 12. 

But, if a policy of insurance refer to certain printed proposals, the 
proposals will be considered as part of the policy. — Woolen v. Wood. 
o Term Rep. 7 10. 

It being thus settled, that a warranty must appear on the face of the 
instrument, it has likewise been determined, that a warranty, written 
in the margin of the policy, was to be considered equally binding, and 
subject to the same strict rule of construction, as if inserted in the body 
of the policy itself. — Doug. 10 and 27 1. 

The warranties which most frequently occur, and upon which the 
greatest questions have arisen, maybe reduced to three classes: war- 
runty as to the time of sailing, warranty as to convoy, and ivarrranty as to 
neutrality. 

1st. As to the time of sailing. — It has been held, that, when a ship has 
been warranted to sail on a particular day, though the ship be delayed 
for the best and wisest reasons, or even though she be detained bv 
force.; the warranty has not been complied with, and the insurer is dis¬ 
charged from his contract. — Hare v. Whitmore, Cowp. 78 k 

If the warranty be to sail after a specific day and the ship sail before, 
the policy is equally avoided as in the former case; because the terms 
of the warranty are as much departed from in the one case as the other. 
— Vezian v. Grant, before Mr Justice Buller, Guildhall, East. Vac. 1779. 

But, when a ship is warranted to sail on or before a particular da}', 
if she sail from her port of loading, with ail her cargo and and clearances 
on-board, to the usual place of rendezvous at another part of the same 
island, merely for the sake of joining convoy, it is a compliance with 
the warranty, though she be afterwards detained there by an embargo 
beyond the day. The ground is, that, when the ship leaves her port of 
loading, when she has a full and complete cargo on-board, and has no 
other object in view, but the safest mode of sailing to her port of de¬ 
livery, her voyage must be said to commence from her departure from 
that port. If, indeed, her cargo was not complete, it would not have 
been a commencement of the voyage. — Bond v. Nutt , Cowp. 601. 

In insurances at and from London , warranted to depart on or before 
a particular day, it has long been a question, what shall be a departure 
from the port of London r or rather, what is the port of London : and, it 
is singular, that this point has never yet been judicially determined. 

On the one hand it is said, that the moment a ship is cleared out at 
the custom-house, and has all her cargo on-board, if she quit her moor¬ 
ings in the river on or before the day warranted, that the warranty is 
complied with. On the other side, it is contended, and with great 
appearance of reason, that a ship is not ready for sea, till she has got 
her custom-house cocket on-board, which is the final clearance, and 
which she cannot have till she arrive at Gravesend; that, till this cock¬ 
et is received, the ship dare not proceed to sea under a penalty, and till 
then is not entitled to the drawbacks; and that Gravesend is alwi\s 
considered as the limits of the port of London ; and, unless the ship sail 
thence on or before the day limited, there is no beginning of the voy¬ 
age, and the policy is forfeited. 

The second species of warranty, which most frequently occurs in 
insurances, is that of sailing under the protection of convoy. Upon this 

' ' subject 


MARINE INSURANCES. 


2 $£ 

subject* it is material to consider what is deemed a convoy. It has 
been settled, by the court of King’s Bench, that it is not every single 
man oj'zuar, which chooses to take a merchant-ship under its protection*- 
that will constitute such a convoy as a warranty means; but it must be 
a naval force under the command of a person appointed by the government 
of the country to which they belong. — Ilibbert v. Figcu, B. R. Easter, 
23 Geo. III. 17S3. 

From that case of Hibbert and Pigou, we likewise collect .this; that 
a convoy appointed by the admiral, commanding in chief upon V 
station abroad, is a convoy-appointed by government. 

Having seen what shall be deemed a convoy, let us proceed to con¬ 
sider what shall be a departure with convoy, within the meaning of a 
warranty to depart with convoy. The rule on this point is short and 
clear, that such a warranty implies, that the ship shall go with convoy 
from the usual place of rendezvous, at which the ships have been ac¬ 
customed to assemble; at Spithead, or the Downs, for the port of 
Londoq; and Bluefields, for all the ports in Jamaica. And, from the 
particular port to such usual place of convoy, the ship is protected by 
the policy —Lethulier’s case, 2 Salk. 443, and Gordon v. Morlei /, 

2 Stra. 1265. 

Although the words commonly used are, “ to dijxirt with convoy,” 
or, “to sail with convoy, ” yet, they extend to sailing with convoy 
throughout the whole of the voyage, as much as if those words were 
inserted. If, therefore, the convoy is only to go part of the way, that 
is not a compliance with the warranty ; and the insurer is discharged 
from his engagements. — Lilly v. Elver, Dough 72. 

But, although it has been thus settled, that a ship must depart with 
convoy for the whole of the voyage; yet an unforeseen separation is an 
accident to which the underwriter is liable. —*• Jejjerey v. Legendra, 

3 Lev. 320. 

Even where the ship has, by tempestuous weather, been prevented 
from joining the convoy at all, at least, of receiving the orders of the 
commander of the ships of war, if she do every thing in her power to 
effect it, it shall be deemed a sailing with convoy, within the terms of 
the warranty,— Victoria v. Cleeve, 2 Stra. 1250. 

But, il there be an opportunity of convoy; if the convoy throw out 
repeated signals to join, and, by the negligence and delay of the cap¬ 
tain of the insured ship, the opportunity be lost; the warranty to depart 
with convoy is not complied with, and the underwriter is discharged. 
—Taylor v. IVoodness , Sitt. at Guildhall, Hil. Vac. 4 Geo. III. 

Although a ship must not voluntarily depart from convov during the 
voyage,, yet this species of warranty must always be construed with 
reference to the usage of trade, and to the orders of government. For, 
if the course upon a particular voyage has been to have a relay of 
convoy, protecting the trade from one port to another; or if govern¬ 
ment appoint a convoy to escort the trade ol a place to a given latitude 
and no farther ; and there be no other convoy on that station ~ a vessel 
taking the advantage of such a convoy, has complied with the warranty 
to sail with convoy for the voyage. — Smith v. Headshaw , London Silt, 
after East. 1781. — De Ganay v. Clagget, London, Sitt. after Mich. 1795. 

. — DcGuino v. Bezvicke, C.P. Mich. 36 Geo. III. 

It has been questioned, whether it was necessary to have sailing in¬ 
structions from the commander of the convoy. Mr Justice Buller, in the 
case of Webb v. Thompson , (1 Bos. and Pull. 5.) said, “ In point of law. 


RETURN OF PREMIUM. 


289 


the* general proposition is that sailing instructions are necessary. But, 
if the captain, from any misfortune, from stress of weather, or other 
circumstances, be absolutely prevented from obtaining his instructions, 
still it is a departure with convoy; but then he must take the earliest 
opportunity to obtain them.” 

The third species of warranty is that of neutrality; or, that the ship 
or goods insured are neutral property. If the ship and property are 
neutral at the time when the risk commences, this is a sufficient com¬ 
pliance with a warranty of neutral property: because it is impossible 
lor the insured to be answerable for the consequences of a war break¬ 
ing out during the voyage. Eden and another v. Paikinson. Dough 705. 
And this doctrine has been since confirmed, in the case of fyson v. 
Gurney , 3 Term Rep. 477. 

XIX. RETURN OF PREMIUM. 

The next object of our inquiry is, in what cases, and under what 
circumstances, there shall be a return of premium. 

The principle, upon which the whole of this doctrine depends, is 
simple and plain. The risk or peril is the consideration for wjiich the 
premium is to be paid: if the risk be not run, the consideration for 
the premium fails ; and equity implies a condition, that the insurer shall 
not receive the price of running a risk, if, in fact, he runs. none.— 
3 Burr. 1240. 

Accordingly, in an action brought by the plaintiff, for 5l. received by 
the defendant to the plaintiffs use, where it appeared in evidence, that 
one Barkdale had made a policy of insurance upon account for 51. 
premium, in the plaintiff’s name, and that he had paid the same pre¬ 
mium to the defendant, and that Barkdale had no goods then on-board, 
and so the policy was void. Lord Chief Justice Holt said, the money is 
not onty to be returned by the custom, but the policy is made originally 
void, the party, for wlidse use it was made, having no goods on-board ; 
so that, by this discovery, the money was received without any reason, 
occasion , or consideration, and, consequently, it was received, originally 
to the plaintiff’s use. — And so judgement was given for the plaintiff. 
— Martin v. Sitwell, 1 Show er, 155. 

Clauses are frequently inserted in policies of insurance, containing 
conditions on thq performance or non-performance of which the pre¬ 
mium is returnable. 

An action was brought against an underwriter, for a return of pre¬ 
mium. The material part of the policy was in these w r ords: “At and 
from any port or ports in Grenada to London, or any ship or ships that 
shall sail on or between the first of May and the first of August, 1773, 
at IS guineas percent, to return 8 per cent . if she sails from any of the 
West-India Islands, ivith convoy for the voyage, and arrives .” At the bot¬ 
tom there was a written declaration that the policy was on sugars (the 
muscovado, valued at 20/per hogshead). The ship, the Hankey, sailed 
with convoy, within the time limited : she arrived in the Downs, where 
the convoy left her; convoy never coming farther, and, indeed, seldom 
beyond Portsmouth. After she had parted with the convoy, she struck 
on a bank, called the Pan-Sand, at Margate, and eleven,p! fifty-one 
casks of sugar were washed overboard, and the rest damaged. The 
ship vvas afterwards got off the bank, and proceeded up the river, 
arrived safe in the port of London, and was reported ut the custom- 

U house. 



*90 


MARINE INSURANCES. 


house. The sugars saved, being sold, produced 340/. instead of 800h 
which was a valuation in the policy. The plaintiffs insisted, that they 
were entitled to have 8/. per cent, also returned on the valued price of 
the eleven hogsheads of sugar, which were lost, and on the difference 
between what the remaining forty hogsheads produced, and their va¬ 
lued price. At the trial, before Lord Mansfield, the plaintiffs had a 
verdict to the full amount of their demand. The chief question, upon 
the motion for a new trial, was to what the word “ arrives ” was in¬ 
tended to apply. 

Lord Mansfield said, the ancient form of a policy of insurance, which 
is still retained, is, in itself, very inaccurate; but length of time, and a 
variety of discussions and decisions, have reduced it to certainty. If 
the insured will not warrant a departure with convoy, he pays the full 
premium, and in that case the underwriter says, “ If it turn out that 
the ship departs with convoy, I will return part of the premium.” But 
a ship may sail with convoy, and be separated from it by a storm, or 
other accident, in a day or two, and lose its protection. On a war¬ 
ranty to sail wdth convoy, that would be a breach of the condition; 
but to guard against that risk, the insurer adds, in policies of the pre¬ 
sent sort, “ the ship must not only sail with convoy, but she must 
arrive ", to entitle me to the return.” — The words and arrives, do not 
mean that the ship shall arrive in the company of the convoy, but only 
that she herself shall arrive. If she does, that shews, either that she 
had convoy the whole way, or did not want it. But in the stipulation 
for the return of the premium, no regard is had by the parties to the 
condition of the goods on the arrival of the ship. If it had been meant 
that no return should be made, unless all the goods arrived safe, they 
would have said, “if the ship arrive zvit h all the goods f or “ safely with 
all the goods The total or partial loss of the goods was the subject 
of the indemnity, and must be paid for by the underwriter. But, as 
to return of the additional premium, whether the goods arrive safe or 
not, makes no part of the question. The rule for a new trial was ac¬ 
cordingly discharged. — Sirnond and another v. Boy dell, Doug. 255. 

By the law of England, it has been clearly settled, that, whether the 
cause of the risk not being run is attributable to the fault, will, or plea¬ 
sure, of the insured, still the premium is to be returned. — Cow-p. (56‘8. 

The French, in the famous ordinances of Lewis XIV. have inserted 
an article, declaring that, if the voyage is entirely broken up, before 
the departure of the ship, Itven by the act of the insured, the insurance 
shall be void, arid the underwriter shall return the premium, reserving 
one half per cent, for his trouble. Accordingly, in England, it has al¬ 
ways been the custom, when the policy is cancelled, to return the 
premium, deducting one half per cent. — Molloy, I. 2. c. 7, §. 12. 

Some of the statutes for preventing the exportation of wool, and other 
staple commodities of the kingdom, and which, in order more effectu¬ 
ally to prevent such exportation, have declared policies of insurance* 
on these articles to be null and void, have enacted, that the premium 
shall not be restored to the insured. 

When a policy is void, being made without interest, contrary to the 
statute of the 10 Geo. II. if the ship arrive safe , the court will not allow 
the insured to recover the premium. 

In the English law r there are two general rules established, which 
govern almost all cases. The first is, that where the risk has not been 
run, whether that circumstance was owing to the fault, the pleasure, or 
will, of the insured, or to any other cause, the premium shall be re¬ 
turned. 


RETURN OF PREMIUM. 291 

turned. Another rule is, that if the risk has once commenced, there shall 
be no. apportionment or return of premium afterwards. Hence, in cases 
of deviation, though the underwriter is discharged from his engage¬ 
ment; yet, the risk being once commenced, lie is entitled to retain the 
premium. 

When, however, from the nature of the agreement between the 
parties,-or the nature oi the voyage, the contract becomes divisible, 
f ‘ a part of the premium shall be retained for the risk run, and part shall 
be returned as the risk has never commenced .” 

The first time in which this doctrine was considered at any length 
was in a case which came before the court of King’s Bench in the year 
1761. It was an insurance upon a ship, at five guineas per cent, lost 
or not lost, at and from London to Halifax, in Nora Scotia, warranted to 
depart with convoy from Portsmouth, for the voyage, that is to say, the 
Halifax or I^ouisburgh convoy. Before the ship arrived at Portsmouth 
the convoy was gone. Notice of this was immediately given by the 
insured to the underwriter; and at the same time he was also desired 
either to make the long insurance or to return part of the premium. 
The jury found that the usual settled premium, from London to Ports¬ 
mouth, was one and a half per cent. They also found, that it is usual 
for the underwriter, in such cases, to return part of the premium; 
but the quantum is uncertain; (and the quantum must in its nature be 
uncertain, because it depends upon uncertain circumstances). It was 
slated, that the plaintiff made an offer to the defendant of allowing 
him to retain one and a half per cent, lor the risk lie had run on such 
part of the voyage as was performed under the policy, viz. from Lon¬ 
don to Portsmouth. 

Lord Mansfield. — I had not at the trial, nor have now, the least 
doubt about this question myself. These contracts are to be taken with 
great latitude : the strict letter of the contract is not so much regarded 
as the object and intention of it. Equity implies a condition, "that 
the insurer shall not receive the price of running a risk, if he runs none." 
This is a contract without any consideration, as to the voyage from 
Portsmouth to Halifax; for he intended to insure that part of the voy¬ 
age as well as the former part of it, and has not. Consequently, the 
insured received no consideration for this proportion of his premium : 
and then this case is within the general principle of actions for money 
had and received to the plaintiff's use. 1 do not go upon the usage: 
for the usage found is only that, in like cases, it is usual to return a part 
of the premium, without ascertaining what part. If the risk is not run, 
though it is by the neglect, or even the fault, of the party insuring, yet 
the insurer shall not retain the premium. It has been objected, that 
the voyage being begun, and part of the risk being already run, the 
premium cannot be apportioned. But I can see no force in this ob¬ 
jection. This is not a contract so entire, that there can be no appor¬ 
tionment; for, there are two parts in this contract, and the premium may 
be divided into two distinct parts, relative, as it were, to two distinct 
voyages. The practice shews, that it has been usual, in such like cases, 
to return apart of the premium, though the quantum be not ascertained. 
And, indeed, the quantum must vary as circumstances vary: so that it 
never can have been fixed with any precise exactness. But though 
the quantum has not been ascertained, yet the principle is agreeably to 
tiie general sense of mankind. — Stevenson v. Snozv, 3 Burr. 1237. 

Some years afterwards, the principle established in the foregoing case 
was attempted to be applied to one which it did not at all resemble. 

U 2 That 


292 


MARINE INSURANCES. 


That was in in assurance for twelve months at 91. per cent. ; and, because 
the ship was captured within two months after the contract was made, 
a return of premium was demanded. But the contract in this case was 
entire; the premium was a gross sum stipulated, and paid for twelve 
months; and the parties, when they made the contract, had no intention 
or thought of a subsequent division, or apportionment, and therefore 
there could be no return of premium. — Tyrie v. Fletcher , Cowp. 666. 

Ill a subsequent case, the Court of King’s Bench adopted the same 
rule of decision, where the ship was insured for twelve months, and 
the risk ceased it the end of two. A distinction was attempted to be 
made, because in this case, the whole premium, 1 81. was acknowledged 
to be received from the insured at the rate of fifteen shillings per month ; 
and this, it was insisted, evidently shewed the parties intended the risk 
to continue only from month to month. This objection was, however, 
over-ruled; the court being of opinion, that the case last mentioned 
decided this; and that the fifteen shillings per month was only a mode 
gf computing the gross sum. — Loraine v. Thomlinson; Doug. 564. 

The two ISfet cases were insurances upon time; but it seems perfectly 
clear, that, when the contract is entire, whether it be lor a specified time 
or for a voyage, there shall be no apportionment or return, if the risk 
has once commenced. And, therefore, when the premium is entire in a 
policy on a voyage, where there is no contingency at any period, out 
or home, upon the happening or not happening of which the risk is 
to end, nor any usage established upon such voyages, although there be 
several distinct ports, at which the ship is to stop, yet the voyage is one, 
and no part of the premium shall be recoverable.-— Bermon v. Wood **■ 
bridge ; Dough 751. 

The last case upon this subject was also an action for a return of the 
premium. The policy was “ at and from Jamaica to London, warrant^ 
ed to depart with convoy for the voyage, and to sail on or before the 
1st of August, upon goods on-board a ship called the Jamaica, at a 
premium of twelve guineas percent” The ship sailed from Jamaica 
to London on the 31st of July, 1782, but without any convoy for the 
voyage. At the trial, before Lord Mansfield, the jury found a verdict 
for the plaintiff, subject to the opinion of the court, upon a case, stating 
the facts already mentioned. In addition to which, they expressly find, 
- that it is the constant and invariable usage in an insurance, at ami 
from Jamaica to London, warranted to depart with convoy, or to sail 
pn or before the 1st of August, when the ship does not depart with con¬ 
voy, or sails after the 1st of August, to return the premium, deducting 
one half per cent.” 

i Lord Mansfield. — An insurance being on goods warranted to depart 
with convoy, the ship sails without convoy; and an action is brought 
to recover the premium. The law is clear, that, if the risk be com- 
jneneed, there shall be no return. Hence questions arise of distinct 
risks insured by one policy or instrument. My opinion has been to 
divide the risks. I ain aware that there are great difficulties in the. 
way of apportionment, and, therefore, the court has sometimes leaned 
against _ therm But where an express usage is found by the jury, 
the difficulty is cured. They offered to prove the same usage as to the 
Vv est-Indres in general; but I stopt them, and confined the evidence 
to Jamaica. The court,-therefore, decided for the plaintiff. — Lmig v. 
Men Easter Term, 25 Geo. III. 


form 


BOTTOMRY AND RESPONDENTIA. 


293 


From the tenor of all these cases, it should seem, as Lord Mansfield 
said, that so many diffculties occur in apportioning the premium, that 
the courts are often obliged to decide against it, unless there be some 
usage upon the subject. 

XX. BOTTOMRY AND RESPONDENTIA. 

Bottomry is in the nature of a morgagee of a ship, when the owner 
of it borrows money to enable him to carry on the voyage, and pledges 
the keel, or bottom of the ship, as a security for the repayment: and it 
is understood, that, if the ship be lost, the lender aho loses his whole 
money ; but, if it return in-safety, then he shall receive back his prin¬ 
cipal, and also the premium or interest stipulated to be paid, however 
it may e>ceed the usual or legal rate of interest. When the ship and 
tackle are brought home, they are liable, as well as the person of the 
borrower, for the money lent. But when the loan is not made upon 
the vessel, but upon the goods and merchandises laden thereon, which, 
from their nature, must be sold or exchanged in the course of the voy¬ 
age, then the borrower only is personally bound to answer the contract; 
who, therefore, in this case, is said to take up money at respondentia . 
In this consists the difference between bottomry and respondentia ; that 
the one is a loan upon the ship, the other upon the goods : in the for¬ 
mer, the ship and tackle are liable, as well as the person of the borrow¬ 
er ; in the latter, for the most part, recourse must be had to the person 
only of the borrower. Another observation is, that, in a loan upon 
bottomry, the lender runs no risk, though the goods should be lost : 
and, upon respondentia, the lender must be paid his principal and in¬ 
terest, though the ship perish, provided the goods are safe. In all other 
respects the contract of bottomry and that of respondentia are upon 
the same footing. 

These terms are also applied to another species of contract, which 
docs not exactly fall within the description of either; namely, to a con¬ 
tract for the repayment of money, not upon the ship and goods only 
but upon the mere hazard of the voyage itself: as if a man lend 1000/. 
to a merchant to be employed in a beneficial trade, with a condition 
to be repaid with extraordinary interest, in case' a specific voyage 
named in the condition shall be safely performed. Bui;, by ]9 Geo. II. 
it is enacted, “ That all sums of money lent on bottomry or at respon¬ 
dentia upon any drip or ships belonging to his Majesty's subjects, bound 
to or from the East-Indies, should be lent only on tile ship, or on the 
merchandise or effects, laden or bo laden on-board of such ship, an'd 
should be so expressed in the condition ol the said bond; and the bene¬ 
fit of salvage should be allowed to the lender, his agents, or assigns, 
who alone should have a right to make assurance on the money so lent; 
and in case it should appear that the value ol his share in the ship, or 
in the merchandises or effects laden on-board of such ship, did not 
amount to the full sum or sums pe had borrowed as aforesaid, such 
borrower should be responsible to the lender for so much of fhc money- 
borrowed as he had not laid out on the ship or merchandises laden 
thereon, with lawful interest for the same, in the proportion the money- 
laid out should bear to the whole, money lent, notwithstanding the ship 
and merchandises should be totally lost." 

This statute, therefore, has entirely put an end *o that species of 
fpntract which was last-mentioned, n&mciy, a loan upon the mere 

y 3 voyage 


29* 


MARINE INSURANCES. 


voyage itself, as far, at least, as relates to India voyages. The statute 
of 7 Geo. I. c. 21. §. 2, declares, “that all contracts made or entered 
into by any of his Majesty’s subjects, or any persons in trust for them, 
for or upon the loan of any moneys, by way of bottomry, or any ship 
or ships in the service of foreigners, and bound or designed to trade 
in the East*Indies or parts aforesaid, shall be null and void/' 

This act, however, does not mean to prevent the king’s subjects 
from lending money on bottomry, on foreign ships trading from their 
own country to their settlements in the East-Indies. 

It lately became a question in the Court of Common Pleas, whether 
an American ship, since the declaration of American independence, 
was a foreign ship within the statute of the 7 Geo. I. ch. 21, §.2. 
The court were much inclined to think the bond was void, the case 
being within the mischief designed to be remedied by the act. But 
the question was not decided. — Sumner v. Green ; Mich. 30 Geo. III. 

The contract of bottomry and respondentia seems to deduce its 
origin from the custom of permitting the master of a ship, when in a 
foreign country, to hypothecate the ship, in order to raise money to 
refit. Such a permission is absolutely necessary, and is impliedly given 
him in the very act of constituting him master, by the marine law, 
which in this respect is reasonable ; for, if a ship happen to be at sea, 
and spring a leak, or the voyage is likely to be defeated for want of 
necessaries, it is better that the master should have it in his power to 
pledge the ship and goods, or either of them, than that the ship should 
be lost, or the voyage defeated. But he cannot do either for any debt 
of his own, but merely in cases of necessity, and for completing the voy¬ 
age. Although the master of the vessel has this power while abroad, 
because it is absolutely necessary for the purposes of commerce and 
navigation, yet the very same authority, which gave that power in 
those cases, has denied it when he happens to be in the same place 
where the owners reside. All the cases which have been determined 
upon the subject, seem to require, that the ship should be abroad, as 
well as in a state of necessity, to justify the captain or master in taking 
money on bottomry.—Molloy, in express terms, declares, that a master 
has no power to take up money on bottomry in places where his own¬ 
ers dwell: otherwise, he and his estate must be liable thereto. — 
Molloy, 1. 2. c. 11. §. H. If, indeed, the owners do not agree in 
sending the ship to sea, the majority shall carry it, and then money 
may be taken up by the master on bottomry for their proportion 
who refuse, although they reside on the spot, and it shall bind .them all. 

It is of the essence of a contract of bottomry, that the lender run 
the risk ol the voyage, and that both principal and interest be at 
hazard; for, it the risk go only to the interest of premium, and not to 
the principal also, though a real and substantial risk be inserted, it is 
a contract against the statute of usury, and therefore void. This has 
been frequently so determined in our courts of law. 

An action of debt was brought upon an obligation. The defendant 
pleaded the statute of usury, and shewed that a ship went to fish in 
Newfoundland, (which voyage might be performed in eight months,) 
and that the plaintifFdelivered 50 1. to the defendant, to pay 60/ upon 
the return of the ship off Dartmouth: and, if the said ship, hy occasion 
of leakage or tempest, should not return from Newfoundland to Dart¬ 
mouth, then the defendant should pay 50/. only ; and, if the ship never 
returned, he should pay nothing. And it was held, by all the court, 
not to be usury within the statute, For, if the ship had stayed at New¬ 
foundland 


BOTTOMRY AND RESPONDENTIA. 


295 


foundland two or three years, he should have paid at the return of the 
ship 60/. and if the ship never returned, then nothing; so that the plain¬ 
tiff ran hazard of having less than the interest which the laws allow: 
and, possibly, neither principal nor interest. — Sharp ley v. Hurrcll ; Cro. 
Jac. 208. 

The case was, upon another occasion, mentioned in argument by 
one of the judges of the bench; the principle, on which it was decided, 
was recognised, and the case itself allowed to be law. — Roberts v. 
Tranayne , Cro. Jac. 508. 

So also in another case of debt upon an obligation, conditioned to 
pay so much money, if such a ship returned within six months from 
Ostend, in Flanders, to London, which was more by the third part 
than the legal interest of money; and, if she did not return, then the 
obligation to be void. — Joy v. Kent, Hard. Rep. 418. 

In another case of debt upon an obligation for 300/. the condition 
was, that, if a ship went to Surat, in the East-Indies, and returned safe, 
or if the owner, or the goods laden on-board the ship, returned safe, 
then the defendant was to pay the principal to the plaintiff, and 40/. 
for each 100/.; but, that, if the ship should perish by unavoidable casual¬ 
ties at sea, fire, or enemies, to be proved by sufficient testimony, then 
the plaintiff should have nothing. The doubt w r as, whether this was 
an usurious contract; and it was said to be so, because the payment 
depended upon so many things, one of which, in all probability, would 
happen. But the whole court held it not to be within the statute.— 
1 Siderfin, 27. 

As the hazard to be run is the very basis and foundation of this con¬ 
tract, it follows, that if the risk is not run, the lender cannot be entitled 
to the extraordinary premium; for that would be to open a door to 
means by which the statute of usury might be evaded. This was so 
decided in the Court of Chancery. 

This case was upon a bottomry-bond, where the plaintiff was bound 
in consideration of 400/. as well to perform the voyage within six 
months, as at the six-months end to pay 400/. and 40/ premium, in 
case the vessel arrived safe, and was not lost in the voyage. It hap¬ 
pened that the plaintiff never went the voyage, whereby the bond 
became forfeited, and he now preferred his bill to bp relieved, Upon 
the former hearing, as the ship lay all the time in the port of London, 
and there was no hazard of losing the principal, fJhe lord keeper thought 
fit to decree, that the defendant should lose the premium of 40/. and be 
contented with his principal and ordinary interest , And now, upon a 
re-hearing, lie confirmed his former decree. — : Deguildcr y ? £)cpchttr, 
1 Vern. 263. 

It remains to be shewn what these risks are tto which the lender un¬ 
dertakes to expose himself. These are, for the most part, mentioned 
in the condition of the bond, and are nearly the same, against which 
the underwriter, in a policy of insurance, undertakes to indemnify. 
These accidents arc, tempests, pirates, fire, capture, and every other 
misfortune, except such as arise either from the detects of the thing 
itself, on which the loan is made, or from the misconduct of the borrower. 

Capture here does not mean a mere temporary taking, but it mu$t 
be such a capture as to occasion a total loss. And, therefore, if a ship be 
taken, and detained for a short time, and yet arrive at the port of des¬ 
tination within the time limitted, (if time be mentioned in the condition,) 
the bond is not forfeited, and the obligee may recover.— Joyce v, 
b'illiamon B, R, Mich. Term, 23 Geo. IIL 


MARINE INSURANCES. 


29S 

A lender on bottomry, or at respondentia, is neither entitled to thd 
benefit of salvage, nor liable to contribute in case of a general average. 
-—Walpole v. Ewer, Sittings after Trinity, 1789. 

It has been said, that, if the accident happen by default of the bor¬ 
rower or of the captain, the lender is not liable, and has a right to de¬ 
mand the payment of the bond. If, therefore, the ship be lost by a 
willful deviation from the track of the voyage, the event has not hap¬ 
pened upon which the borrower was to be discharged from his obliga¬ 
tion.— Western v. Wildy, Skin. 152, 

It frequently happened that the borrowers on bottomry or at respon¬ 
dentia became bankrupts after the loan of the money, and before the 
event happened which entitled the lender to repayment; by which 
means the debt could not be proved under the commission, and the 
lenders were left to such redress as they could obtain from the bankrupt, 
who had previously given up every tiling to his other creditors. This 
being likely to prove a discouragement to trade, parliament was obliged 
to interpose; and it accordingly enacted, “ That the obligee in anv 
bottomry or respondentia bond, made and entered into upon a good 
and valuable consideration, bona fide, should be admitted to claim, and, 
after the contingency should have happened, to prove his or her debt or de¬ 
mands, in respect to such bond, in like manner as if the contingency had 
luippened before the time of issuing the commission of bankruptcy against 
such obligor, and should be entitled unto, and should have and receive, 
a proportional part, share, and dividend, of such bankrupt’s estate, in pro¬ 
portion to the other creditors of such bankrupt, in like manner as if 
such contingency had happened before such commission issued: and 
that all and every person or persons, against whom any commission of 
bankruptcy should be awarded, should be discharged of and from the 
debt or debts owing, by him, her, or them, on every such bond as afore¬ 
said, and should have the benefit of the several statutes now in force 
against bankrupts, in like manner, to all intents and purposes, as if 
such contingency had happened, and the money due in respect thereof 
bad become payable, before the time of the issuing of such commission.’ 1 


FORMS OF POLICIES. 

form of a Policy of Insurance upon a Ship and Furniture, pursuant to Act of 
35 Geo. III. c. 63. 

I N the name of God, Amen. as well 

* n own name, as for and in the name and names of all 

and every other person to whom the same doth, may, or shall, ap¬ 
pertain, in part or in all, doth make assurance, and cause 
and them, and every of them, to be insured, loft or not loft, at and from 

Upon the body, tackle, apparel, ordnance, munition, artillery, boat, or other 
furniture, of and in the good ship or vessel called the whereof 

is mafter, under God, for this present voyage, or whosoever e'se 

shall go for mafter in the said ship, or by whatsoever other name or names the same 
ship, or the mafter thereof, is or shall be named or called: beginning the adventure 
upon the said ship, See. from and immediately following and so shall con¬ 

tinue and enaure until the said ship, with her said tackle, apparel. See. shall be arrived 
and there hath moored at anchor twenty-four hours in good 

safety; 


£ 5°° 

delivered the 
day of 


} 



FORMS OF POLICIES. 


297 


Safety : and it shall be lawful for the said ship in. this voyage to proceed and sail to and 
touch and day at any ports or places whatsoever without prejudice to 

this insurance ,* the said ship, See. for so much as concerns the assureds, is and shall bo 
valued at touching the adventures and perils which wc the 

assurei s are content to bear and do take upon us in this voyage, they are, of the seas, 
men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and coun- 
termart, surprisals, takings at sea, arrefts, reftraints, and detainments, of ail kings, 
princes, cmd people, of what nation, condition., or quality soever, barratry of the mailer 
and manners, and all other perils, losses, or misfortunes, that have or shall come to the 
hurt, detriment, or damage, of the said ship, See. or any part thereof : And, in case 
of any loss or misfortune, it shall be lawful to the affureds, their factors, servants, and 
aifigns, to sue, labour, and travel, for, in, and about, the defence, safeguard, and re¬ 
covery, of the said ship, &c. or any part thereof, without prejudice to this insurance, 
to the charges whereof we the assurers will contribute each one according to the rate and 
quantity ot his sum herein allured; and it is farther agreed by us, the insurers, that this 
writing or policy ol afiurance shall b'e of as much force and effect as the surest writing 
or policy of assurance heretofore made in Lombard-street, or in the Royal Exchange, 
or elsewhere in London: and so we the assurers are contented, and do hereby promise 
and hind ourselves, each pne fot his own part, our heirs, executors, and goods, to the 
assureds, their executors, ddminiflrators, and assigns, for the true performance of the 
premises confessing ourselves paid the consideration due unto us for this assurance by 
the assured at and after the rate of 

In witness whereof wc the the assurers have subscribed our 
flames and sums assured in London. 

fN* B. The ship and freight warranted free from average under three pounds jew 
itnt. unless general, or the ship be Eranded, 


Policy of insurance upon Goods , pursuant to Act cf 35 Geo. III. c. 63. 


£ iooo T N the name of God, Amen. 

- - —G. as well in own name, as for and in the name and 

Delivered the f names of all and every other person or persons to whom the same 
day of Jdoth, may, or shall, appertain, in part or in all, doth make assurance, 
and cause and them, and every of them, to be insured, lost or not lost, at 

and from upon any kind of goods and merchandise whatsoever, loaden, 

or to be loaden, on-board, the good ship or vessel called the whereof is mailer, 

under God, for this present voyage, or whosoever else shall go for 

mailer in the said ship, or by whatsoever other name or names the same ship, or the 
master thereof, is or shall be named or called: beginning the adventure upon the said 
goods and merchandise from and immediately following the loading thereof on-board 
the said ship and so shall continue and endure 

until the said ship, with the said goods and merchandises whatsoever, shall be arrived 
at and the same there safely landed: and it shall Le law¬ 

ful for the said ship, in this voyage, to stop and stay at any ports or places whatsoever 
without prejudice to this insurance: the said goods and merchandises, 
by agreement, are and shall be valued at 

touching the adventures and perils which we the assurers are contented to bear, and do 
take upon us in this voyage, they arc of the seas, men of war, fire, enemies, pirates, 
rovers; thieves, jettisons, letters ol mart and countermart, surprisals, takings at sea, 
arrests, restraints, and-cietainments, of all kings, princes, and people, of what nation, 
condition, or quality, soever, barratry of the master and mariners, and of all other penis, 
losses, and misfortunes, that have or shall come to the hurt, detriment, or damage, of 
the said goods and merchandises, or any part thereof: and in case oi any loss or mis¬ 
fortune, it shall be lawful 1 to the assureds, their factors, servants, and assigns, to sue, 
labour, and travel, fur, in and about, the defence, safeguard, and recovery, of the said 
goods and merchandises, or any part thereof, without prejudice to this insurance, U>, 
the charges whereof we the assurers will contribute each one according to the rate and 
quantity of his sum herein assured: and it is agreed ny us the insurers that this wri- 





MARINE INSURANCES. 


■J93 

ting r r policy of assurance shall be of as rrfuch force and effect as the surest writing 
or policy of assurance' heretofore made in Lombard-street, or in the Royal-Exchange, 
of elsewhere- in London: and so we the assurers are contented and do hereby promise 
and hind ourselves, each one for his own part, our heirs, executors, and goods, to the 
assureds, their executors, administrators, and assigns, lor the true performance of the 
premises, confessing ourselves paid the consideration due unto us for this assurance by 
the assured at and after the rate of 

In witness whereof we the assurers have subscribed our names and sunn 
assured in London. 

N. I 7. Corn, fish, salt, fruit, flour, and seeds, are warranted free from average, unless 
general, or the ship be stranded; sugar, tobacco, hemp, flax, hides, and skins, are 
warranted free from average under five pounds per cent, and all other goods’ free 
from average under three pounds per cent . unless general, or the ship be stranded. 

Policy of Insurance upon Ship and goods, pursuant to Act of 35 Gco.llJ. c. 63. 

.£to,ooo *\ TN the name of God, Amen. as 

-——S. G. ( J. well in own name as for and in the name and names of 

delivered the fall and every other person or persons to whom the same doth, may, 

day of Jor shall, appertain, in part or in ah, doth make assurance, and 

cause a'nd them, and every of them, to be insured, lost or not lost, at and from 

upon any kind of goods and mer¬ 
chandises, and also upon the bodv, tackle, apparel, ordinance, munition, artillery, boat, 
and other furniture, of and in the good ship, or vessel called the 
whereof is master, under God, for this present voyage 

or whosoever else shall go for master, in the said ship, or by whatsoever other name or 
names the same ship, or the master thereof, is or shall be named or called : beginning 
the adventure upon the said goods and merchandises from the loading thereof on-board 
the said ship upon the said ship, Sec. 

and so shall continue and endure during her abode there, upon the said ship. 
Sec. and farther, until the said ship, with all her ordinance, tackle, apparel, &c. and 
goods, and merchandises, whatsoever, shall be arrived at 

upon the said ship, See. until she hath moored at anchor twenty-four hours in good 
safety, and upon the goods and merchandise until the same shall be there discharged 
and safely landed: and it shall be lawful for the said ship, See. in this voyage, to 
proceed and sail to and touch and stay at any ports or piaees whatsoever, 
without prejudice to this insurance; the said ship, Sec. goods and merchandises. Sec. for 
so much as concerns the assureds, by agreement between the assureds and assurers, in 
this policy, are and shall be valued at touching the 

adventures and perils which we the assurers arc contented to bear and do take upon us 
in this voyage, they arc, of the seas, men of war, fire, enemies, pirates, rovers, thieves, 
jettisons, letters of mart and counteimart, surprisals, takings at sea, arrests, restraints, 
and detainments, of all kings princes, and people, of what nation, condition, or quality, 
soever, barratry of the master and mariners, and ot all other perils, losses, and misfor¬ 
tunes, that have or shall come co the hurt, detriment, or damage, of the said goods and 
merchandises, and slvp, Sec. or any part thereof-; and in case of any loss or misfortune, 
it shall be lawful to the assureds, their factors, servants, and assigns, to sue, labour, and 
travel, for, in and about, the defence, safeguard, and recovery, of the said goods and 
merchandises, and ship, Sec. or any part thereof, without prejudice to this insurance, to 
the charges whereof we the assurers will contribute each one according to the rate and 
quantity of his sum herein assured: and it is agreed by us the insurers that this writing 
or policy of assurance shall be of as much force and effect as the surest wa iting or policy 
of assurance heretofore made in Lombard-street, or in the Royal Exchange, or elsewhere 
in London : and so we the assurers are contented, and do hereby promise and bind our¬ 
selves, each one for his own part, our heirs, executors, and goods, to the assured, their 
executors, administrators, and assigns, for the true performance of the premises, con¬ 
fessing ourselves paid the consideration due unto us tor this assurance by the assured 
at and after the rate of 

In witness whereof we the assurers have subscribed our names and sums 
assured in London. 

N. B. Corn, fish, salt, fruit, flour, and seeds, are warranted free from average, unless 
genera}, or the ship be stranded; sugar, tobacco, hemp, flax, hides, and skins, arc 
warranted tree from average under five pounds per cent, and all other goods, also the 
ship and freight, are warranted free from average under three pounds per cent. 
unless general, or the ship be stranded. 


SHIP 



FORMS OF POLICIES 


£f>2> 


No, 


SHIP and GOODS. 

London Assurance House. 

No. in London, 

By the Governor and Company of the London Assurance. 


I N the name of God, Amen. 

as well in own name as for and in the name and names of all and every 

other person or persons to whom the same doth, may, or shall, appertain, in part or in 
all, doth make assurance, and causeth and them, and every of them, 

to be assured, lost or not lost, at and from upon any kind of 

goods and merchandises whatsoever; and also upon the body, tackle, apparel,ordinance, 
munition, artillery, boat, and other furniture, 01 and in the good ship or vessel called 
the whereof is master, (under God,) for this present voyage 

or whoever else shall go tor master in the said ship or vessel, 
or by whatsoever other name or names the said ship or vessel, or the master thereof, 
is or shall be named or called: beginning the adventure upon the said goods and mer¬ 
chandises from and immediately following the loading thereof on-board the said ship or 
vessel at and upon the said ship or vessel, &c. 

and so shall continue and endure during her abode there, upon the said ship or 
vessel, &c. and farther, until the said ship or vessel, with all her ordinance, tackle, ap¬ 
parel &c. and goods and merchandises whatsoever, shall be arrived at 

and upon the said ship or vessel, &c. until she hath moored at anchor twenty- 
four hours in good safety, and upon the goods and merchandises, until the same be 
there safely discharged and landed: and it shall be lawful tor the said ship or vessel, &c. 
in this voyage, to proceed and sail to, and touch and stay at, any ports or places what¬ 
soever without prejudice to this assurance, the 

said ship or vessel, &c. goods and merchandises, Nc. for somuch as concerns the assu- 
leds, (by agreement between the assureds and the London Assurance,) are and shall be 
rated and valued at without farther or other account to be 

giv«n by the assureds for the same. Touching the adventures and penis, which the said 
London Assurance are contented to bear and do take upon them in this voyage, they 
are, of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters 
of mart and countermart, surprisals, taking at sea, arrests, restraints, and detainments, 
of all kings, princes, and people, of what nation, condition, or quality soever, barra¬ 
try of the master and mariners, and of all other perils, losses, and misfortunes, that 
have or shall come to the hurt, detriment, or damage, of the said goods and merchan¬ 
dises, and ship or vessel, &c. or any part thereof: and, in case of any loss cr rnisfor- 
tune, it shall be lawful to the assureds, their factors, servants, and assigns, to sue, la¬ 
bour, and travel, for, in, and about, the defence, safeguard, and recovery, of the said 
goods, merchandises, and slop or vessel, &c. or any part thereof, without prejudice 
to this assurance, to the charges whereof the said London Assurance will contribute 
according to the rate and quantity of the sum herein assured: and it is agreed, that this 
writing or policy of assurance shall be of as much force and effect as the surest writing 
or policy of assurance heretofore made in Lombard-street, or in the Royal Exchange, 
or elsewhere in London ; and so the said London Assurance arc contented, and do here¬ 
by promise and bind themselves and their successors to the assureds, their executors, 
administrators, and assigns, for the true performance of the premises, confessing them¬ 
selves paid the consideration due unto them from this assurance by the assured at and 
after the rate of percent. In witness whereof 

the said London Assurance have caused their common seal to be hereunto affixed, and 
the sum or sums by them assured to be hereunder written, at their office in London, this 
day of in the year of the reign 

of our sovereign lord by the grace of God, of Great Britain, 

France, and Ireland, king, defender of the faith, See. and in the year of our Lord 

s 

Free from all average on corn, flour, fruit, fish, salt, and seeds, except general. 

Free from average on sugar, rum hides, skins, hemp, flax, and tobacco, under five 
pounds per cent, and on all other goods, and ship, under three pounds per cent. 
except general. 

The said governor and company arc content with this assurance for 


MARINE-INSURANCES, 


30ft 

S.G7S.G. No. 

Nu. I L 


By the Corporation of the Royal Exchange Assurance. 

F i the name of God, Amen. 

as well in own r.ame as for and in the name and names of all and e^ery 

other person or persons to whom the same doth, may, or shall, appertain, in part or in 
ail, doth make a. surance, and causeth 

and them and every of them to he assured, lost or not lost, upon 
any kind of.goods and merchandises whatsover ioaden or to be loaden, and also upon 
the body, tackle, apparel, ordinance, munition, artillery, boat, and other fur iture, 
of and in the good ship or vessel called the burthen, or 

thereabouts, whereof is master, (under God,) for this present voyage 

or whosoever else shall go for master in rhe said ship, or by what*, 
soever other name or names the saQie ship or the master thereof is or shall be name, or 
called : beginning the adventure upon the said goods and merchandises from and imme¬ 
diately following the loading thereof on-board the said ship 

and upon the said ship, &c. and so shall continue and endure 

during her abode there upon the said ship, &c. and farther until the said ohip wirh all 
her ordinance, tackle, apparel, &c. and goods and merchandises whatsoever, shall be 
arrived at upon the said ship, &c. until she hath there moored at anchor 

twenty-four hours in good safety, and upon the goods and merchandise., until rhe same 
be there discharged and safely landed : and it shall be lawful for the said ship, &c. in this 
voyage to proceed and sail to, and touch and stay at, any ports or places whatsoever, with¬ 
out prejudice to this assurance, the said ship &c. goods and merchandises, &c. for so 
much as concerns the assureds, by agreemenr made between the assureds and the said 
corporation in this policy,) are and shall be rated and valued at sterling, 

without farther account to be given by the assureds for tfie same. Touching the adven¬ 
ture and perils which the said corporation are contented tu beat and do take ypon them 
jn this voyage, they are, of the seas, men of war, fire, enemies, pirates, re . ers, thieves, 
jettisons, letrers of mart and countermart, surprisals, takings at sea, arrests, restraints, 
anti detainments, of all kings, princes,and people, of what nation, condition, or qua¬ 
lity, soever, barratry of the master and mariners, and of all other perils, losses, and mis¬ 
fortunes, that have or shall come to the hurt, detcriment, or damage, of the said goods 
and merchandises, and ship, ice. or any part thereof: and in case of any loss or mis¬ 
fortune, it shall be lawful to the assureds, ther factors, servants, and assigns, to sue, 
labour, and travel, for, in, and about, the defence, safeguard, and recovery, of the 
said goods and merchandises, and shin, &c. (or any part thereof,) without prejudice to 
this insurance, to the charges whereof the said corporation will contribute according to 
the rate and quantity of thfc sum herein assured ; and it is agreed by the said corporation, 
that this writing or policy of assurance shall be of as much force and effect as the surest 
writing or policy of assurance heretofore made in Lombard-street or in the Royal Ex¬ 
change, or elsewhere in London: and so the said corporation arc contented, and do hereby 
prom.se and bind themselves and their successors to the assureds, their executors, admi¬ 
nistrators, and assigns, for the true performance of the premises, confessing themselves 
paid the consideration due unto them for this assurance by 

at apd after the rate of per cent. In witness whereof the said 

corporation have caused their common seal to be hereunto affixed, and the sum or sums 
by them assured, to be hereunder written, at their office in the Royal Exchange of Lon¬ 
don, this day of in the 

year of the reign of our sovereign lord by the grace of God, of 

Great Britain, France, and Ireland, king, defender of the faith, &c. and in the year of 
our Lord 

The sai^ corporation are content with this assuranqc for 

Free from all average on corn, flour, fish, salt, fruit, seed, hides, and tobacco, un¬ 
less general, dr otherwise specially agreed. 

Free from average; oji sugar, rum, skins, hemp, and flax, under five per cent, and on 
all other goods, and on ship, under three per cent, except general. 

By Order of the Court of Directors. 


Form 


RESPONDENTIA BOND, 


301 


■Form of a Respondentia Bond . 

K NOW, nil men, by these presents, that 

held and firmly bound to in the Sum or penalty’ 

of of good and lawful tnoney of Great Britain, to 

be paid to the said or to 

certain attorney, executors, administrators, or assigns; to which payment 
well and truly to be made heirs, executors, and administrators, 

firmly, by these presents, sealed with seal. 

Dated this day of io the year of 

the reign of our sovereign lord by the grace of 

God, of the united kingdom of Great Britain and Ireland, king, defender of the faith, 
and in the year of our Lord one thousand eight hundred and The condition of 

the above-written obligation is such, that whereas the above-named 

hash, on the day of the date above written, lent unto the 
above bound the sum of 

upon the merchandises and effects to that value laden or to be laden 
011 -board the good ship or vessel called the 

of the burthen of tons or thereabouts, now in the river 

Thames, whereof is commander. If the said ship or 

vessel do and shall, with all convenient speed, proceed and sail from and out of the said 
tiver of Thames, on a voyage to any ports or places in the East Indies, China, Persia, 
or elsewhere beyond the Cape of good Hope, and thence do and shall sail and return 
into the said river of Thames, at or before the end and expiration of thirty-six calendar 
months, to be accounted from the day the date above written, and that without de¬ 
viation (the dangers and casualties of the seas excepted). And if the above-bound 

heirs, executors, or administrators, do and 
shall, within days next, after the said ship or vessel 6hali 

be arrived in the said river of Thames, from the said voyage, or at the end and expira¬ 
tion of the said thirty-six calendar months, to be accounted as aforesaid, (which of the 
said time shall first and next happen,) well and truly pay, or cause to be paid, unto the 
above named executor,s, admidistatrors, and assigns, the sum of 

of lawful money of Great Britain, together with 
of like money, by the calendar month, and so proportionally for 
a greater or lesser time than a calendar month, for all such time, and so many 
calendar months as shall be elapsed and run out of the said thirty-six calendar months, 
over and above twenty calendar months, to be accounted for from the day of the date 
above written ; or if, in the said voyage, and within the said thirty-Six calendar months, to 
be accounted as aforesaid, an utter Joss of the said ship or vessel by fire, enemies, men of 
war, or any other casualties, shall unavoidably happen ; and the above bound 

heirs, executors, and administrators, do and ehall, within six months next 
after the los9, pay and satisfy to the said exe¬ 

cutors, administrators, or assigns, a just snd proportional average on all goods and effects 
which the said carried from England on-board 

the said ship or vessel, and on all other the goods and effects of the said 

which shall acquire during the said voyage, and which 

shall not be unavoidably lost: then the above written obligation to be void, and of no 
effect, or else to stand in full force and virtue. 

Sealed and delivered (being > 
first duly stampt) in the > 

presence of J J. S. 


CHAPTER XIX. 


QUA R ANTI N E. 

T H E prevalence of manv infectious disorders, of late years, in 
foreign countries, and the consequent increase of the danger 
ef their importation -pf articles of merchandise, have drawn the atten¬ 
tion 




302 QUARANTINE. 

flon of the legislature to means of prevention. To this end it ap* 
peared necessary to establish a more extensive system of Quaran¬ 
tine; and accordingly, by the act of 39 and 40 Geo. III. c. 80, all 
the former laws relative to this subject were repealed; and new regu¬ 
lations, more connected, extensive, and probabiy more effectual, were 
thereby insituted. 

1. The first section of this act empowers the Lords of the Treasury 
to erect a lazaret upon Chetney-hill, in Kent. 

2. From the first of October, 1800, the owners of ships, which 
shall hate performed quarantine , are to pay the following duties of 
customs, viz. 

Having arrived from any part of Turkey, or from any place in 
.Africa, within the Straits of Gibraltar, or in the West Barbary on the 
Atlantic Ocean, with a clean bill of health, 7 s. 6d. per ton burthen, 
and having so arrived without a clean bill of health 15s. per ton burthen. 
Having arrived from any place whatever (except from any part of 
Turkey, or from any place in Africa within the Straits of Gibraltar, 
or in the West Barbary on the Atlantic Ocean,'' with a clean bill of 
health, 3s. per ton burthen ; and having so arrived without a clean bill 
of health, 10?. per ton burthen. — Having arrived in this kingdom, 
with a cargo which in whole or part shall consist of goods, wares, 
or merchandise, the growth, produce, or manufacture, of Turkey, 
or of any port or place in Africa, within the Straits of Gibraltar, or 
in the West Barbary on the Atlantic Ocean, and which shall have 
arrived from any place in Holland, or from any place whatever, at 
which there is not a regular establishment for the performance of 
quarantine, 7s. 6d. per ton burthen : and, having so arrived under 
such circumstances as shall induce his Majesty, by and with the ad¬ 
vice of his privy council, to subject them to the like quarantine as 
ships arriving from Turkey without clean bills of health, 1 5s. per ton 
burthen.— Every ship or vessel, the cargo of which, or any part 
thereof, shall have performed quarantine in this kingdom, and which 
shall enter inwards in the port of London, an additional duty of 1.?. 
per ton burthen. But no ship or vessel arriving from any place what¬ 
ever, (except from any part of Turkey, or from any place in Africa, 
within the Straits of Gibraltar, or in the West Barbary on the Atlantic 
Ocean, with a clean bill of health, in ballast, or -whose cargo shall 
consist wholly of salt,) shall be liable to any duty under this act ; 
and no ship or vessel which-shall, together with its cargo, have duly 
performed quarantine in either of the lazaret* of Malta, Ancona, 
Y r enice, Messina, Leghorn, and shall sail and arrive thence in this 
kingdom with proper documents attesting the same, shall be • liable to 
or charged with any duty under this act.* 

3. The treasury may order the duties to be reduced, and afterwards 
raised again. 

4'. No vessel, upon which the quarantine duty is imposed, shall 
be cleared inwards, unless it be first paid; and the tonnage is to be 
ascertained according to the register under 26 Geo. III. c. 60. 

* Bythc^r Geo. HI. c. 30, passed in order to remove all doubts whether ships or 
vessels arriving in the islands of Guernsey, Jersey, Sark, or Man, which shall have to 
perform quarantine, shall he liable to the same tonnag^-dutv, as by the above-mentioned 
act; 39 and 40 Geo JJI. c. 80, it is enacted that there shall be levied under the said 
act, the same duties of customs on vessels arriving in those islands, as on vessels so ar¬ 
riving in this kingdom. Provided always, that the owner of every such ship or vessel 
may demand and receive the just and reasonable contribution on the goods imported 
therein in the manner pi escribed by the said act. 


5. The 


QUARANTINE. 


303 


5. The owners of vessels, who have paid the quarantine duties, 
may demand from importers a proportion of those duties. 

6. The duties are to be paid into the Exchequer, and a separate 
account to be kept. 

7. This section regulates the application of the duties. 

8. From October 1, J8QQ, all tormcr act-;, so far as they relate to 
the performance of quarantine, are repealed. 

9. His Majesty, by proclamation, may declare any infectious dis¬ 
ease to be of the nature of the'plague. 

10. From the first of October, 1800, all vessels arriving, and all 
persons, goods, and merchandises, whatsoever, coming or imported 
into 'any place within Great Britain, Guernsey, Jersey, Alderney, 
Sark, or Man, from any place whence the king, in council, shall 
judge it probable that the plague, or any other infectious distemper, 
(which shall, as before-mentioned; be declared to be of the nature? 
of the plague,) may be brought, shall be obliged to make their qua¬ 
rantine in such place and places, for such time, and in such manner 
as shall from time to time be directed by his Majesty's orders in 
council, and notified by proclamation in the London Gazette ; and, 
until such ships, vessels, persons, goods, and merchandises, shall 
have respectively perlormcd, and shall be duly discharged, from such 
quarantine, no such person, &c, shall come or be brought on-shore,, 
C>r on-board any other ship or vessel in any place within his Majesty'*? 
dominions, unless in such manner, and in such cases, and by sue!* 
license, as shall be directed or permitted by such order or orders 
made by his Majesty in council as aforesaid; and all such ships and 
vessels, and the persons ,or goods coming or imported in, or going or 
being put on-board the same, and all ships; vessels, boats, and per¬ 
sons, receiving any goods or persons but of the same, shall be subject 
to such orders, rules, and directions, concerning quarantine, and the 
prevention of infection, as shall be made by Jus Majesty in council, 
notified by proclamation, or published in the London Gazette. 

11. If the plague, qr other infectious distemper, shall appear on¬ 
board any vessel within the Straits of. Gibraltar, the master shall im¬ 
mediately proceed to some : one of the foreign lazarets, and there 
perform quarantine, until such lime as the land lazaret be tit for the 
due performance.of quarantine therein; but, if such plague or other 
infectious distemper, shall appear on-board any vessel without the 
Straits of Gibraltar, then the master shall (unless such land lazaret sliaiiJ 
have been so declared to be lit for the due performance of quarantine 
therein) immediately proceed to the harbour of Saint Helen's Poof, 
betw een the islands of Saint Helen’s Lean and North Withe!, being 
two of the islands of Scilly, or such other place as his Majesty, in 
council, shall from time to time direct; where, being arrived, he 
shall make known his case to some officer of the customs there, who 
shall immediately acquaint the principal magistrate thereof, and also 
some custom-house officer of some port of England near thereunto; 
and the said custom-house officer of such near port in England shall, with 
all possible speed, send intelligence thereof to the commissioners of the 
•customs in London; and the said principal magistrate shall, in like man¬ 
ner, with all possible speed, send intelligence thereof to one of the 
secretaries of state, to the end that such measures may be taken for 
the comfort and support of the crew and passengers on-board, and 
such precautions used to prevent the spreading of the infection, as 
the case shall require; and the said vessel shall there remain until bin 


50* 


QUARANTINE.. 


Majesty’s pleasure be known; nor shall any of the crew or passenger# 
on-board thereof go on shore. But, if the said master or commander 
shall not be able to make the said island of Scilly, or other place so 
appointed by his Majesty as aforesaid, or shall be forced to go up 
either of the channels, it shall not be lawful for him to enter into any 
port, but he shall remain in some open road till he receive directions 
by some order of the privy-council, and he shall use every necessary 
means in his power to prevent any of his ship’s company or passengers 
from going out of his ship, and to avoid all intercourse with other vessels, 
or persons, until such master or commander shall have received such 
directions; and the said master, or any other person on-board, who 
shall be disobedient herein, shall be adjudged guilt) of felony, and 
suffer death. 

12. The commander of any vessel, liable to perform quarantine, 

, shall, from the 1st of October, 1800, at all times when such vessel shall 
meet with any other vessel at sea, or shall be within four leagues of 
the coast of Great Britain or Ireland, or of Guernsey, Jersey, Alder¬ 
ney, Sark, or Man, hoist a signal to denote that his vessel is liable 
to quarantine : which signal shall be in the day-time, (if the said vessel 
have a clean bill of health,) a large yellow flag of six breadths of 
bunting at the main-topmast head ; and (if such vessel shall not have a 
clean bill of health) then alike yellow flag, with a circular mark or ball 
entirely black thereon, whose diameter shall be equal to two breadths of 
bunting ; and, in the night-time, the signal shall, in both cases, be 
a large signal-lantern,, such as is commonly used on-board king’s 
ships, with alight at the same mast-head ; and such commander shall 
keep such signals, respectively, hoisted during such time as the vessel 
shall continue within sight of such other vessel, or within four leagues of 
the said coasts or islands, and while so in sight or within such dis¬ 
tance, until such vessel shall have arrived at the place where it is to 
perform quarantine, and until it shall have been legally discharged 
therefrom, on failure whereof such commander shall forfeit for every 
such offence 200/. 

15. If the commander of any vessel, not liable to perform qua¬ 
rantine, shall hoist .such yellow flag, whereby other ships may be put 
to the inconvenience of changing their course, such commander shall 
forfeit 50/. 

14*. In case any pilot shall conduct any vessel, liable to perform 
quarantine, into any place which is not specially appointed for the 
reception of such vessels, (unless compelled by stress of weather, ad¬ 
verse winds, or accidents of the seas,) such pilot shall, for every such 
offence, forfeit 100/. 

15. When any place shall be infected with the plague,or other 
infectious disease, or when any order shall be made by his Majesty in 
council concerning quarantine, and the prevention Of infection as 
aforesaid, then, as often as any vessel shall attempt to enter into any 
place Jn. Great Britain, Guernsey, Jersey, Alderney, Sark, or Man, 
(whether appointed for the performance of quarantine or not,) the 
principal officer of customs in such place, or such person as shall be 
properly authorised, shall go off to such vessel, and such officer or 
other person shall, at a convenient distance from such vessel, demand 
of the commander thereof, a true answer in writing or otherwise, 
upon oath or not, according as he shall by such officer or other per¬ 
son be required, to all such questions as shall be put to him, in 
pursuance of his Majesty’s orders in council; and, if such commander 

shall 


QUARANTINE. 


305 


shall thereupon refuse to make a true discovery in any of the particu¬ 
lars concerning which he shall be interrogated, he shall for every such 
offence'forfeit 200/. 

10. If it should appear that such vessel is liable to perform qua¬ 
rantine, and that the port where it so arrives is not the port where 
it ought to perform quarantine, in such case the officers of any of 
his Majesty’s ships of war, forts or garrisons, and all other his Ma¬ 
jesty’s officers whom it may concern, upon notice thereof, and any 
other persons whom they shall call to their aid and assistance, shall oblige 
such vessel to repair to such place as shall be appointed for performance 
of quarantine. And, in case any such vessel shall come from any 
place visited with the plague, or other infectious disease, or shall have 
any person on-board actually infected, and the commander shall conceal 
the same, he shall be adjudged guilty of felony, and suffer death. 

17. Every commander of any vessel ordered to perform quarantine, 
shall forthwith deliver to the chief officer, or other person appointed 
to see quarantine duly performed there, si^ch bill of health and mani¬ 
fest as he shall have received from any British consul during his voy¬ 
age, together with his logfoook and journal, under pain of forfeiting 
<£'500, if he shall wilfully refuse and neglect so to do. 

IS. The commander of any vessel liable to perform quarantine, 
shall deliver to the consul, or where there is none, then to two 
known British merchants at the port at which he shall take on¬ 
board any articles, a list or manifest, retaining one or more true 
copies thereof in his own possesion, of all such articles, whether 
brought as baggage, presents, or otherwise, and of all packets, par¬ 
cels, or letters, which manifest shall be verified on oath, and sub¬ 
scribed before such British consul, or merchants, who shall attest the 
same by subscribing their names thereto; and such British consul, or 
merchants, shall transmit the said manifest, so signed, to the commis¬ 
sioners of customs in London; and the said commander, on arrival 
in this kingdom, shall declare upon oath, before the principal officer 
of customs, at the port where he shall arrive, or at the port nearest 
thereto, that he has not received any goods, packages, or articles, 
whatever on-board, either as baggage, presents, or otherwise, nor 
any letters or packets, but such as are specified therein ; and, in 
case the commander shall not, on demand by such officer of customs, 
produce all the articles so specified in such manifests, or make it ap¬ 
pear that the same have been unavoidably lost, destroyed, or con¬ 
sumed, such commander shall forfeit, for every such default, a sum 
not exceeding <£’500 nor less than c£l00. And, if any person shall 
land or unship, or shall move, in order to be landed, any goods, 
wares, or merchandise, or any small articles brought as baggage, pre¬ 
sents, or otherwise, or any letters or packets whatever, from on-board 
such vessel, or shall receive the same after they have been so landed, 
he shall forfeit a sum not exceeding £500 not Jess than oflOO. 

19. If the commander of any vessel, liable to perform quarantine, 
having notice that such vessel is so liable, shall himself quit, or shall 
knowingly suffer any seaman or passenger to quit, such vessel, by go¬ 
ing on-shore, pr by going on-board any other vessel or boat, before 
such quarantine shall be fully performed, (unless in such cases, and by 
such proper license as shall be directed concerning quarantine, and the 
prevention of infection, as aforesaid,) or if the commander of such 
vessel shall not, within a convenient time after due notice given fof 

X thz 


305 


QUARANTINE. 


that purpose, cause such vessel and her lading to be conveyed into 
the places appointed to perform their quarantine in, then such com¬ 
mander, for every such offence, shall forfeit five hundred pounds. 
And, if any person shall so quit such vessel, contrary to the true 
meaning of this act, it shall be lawful for all persons whatsoever, 
by any kind of necessary force, to compel such person to return on¬ 
board ; and every such person so quitting such vessel shall, for every 
such offence, be imprisoned for six months, and shall also forfeit 
•£ 200 . 

20. When any vessel, which has performed quarantine in a foreign 
lazaret, shall arrive in Great Britain, Guernsey, Jersey, Alderney, 
Sark, or Man, with a clean bill of health, no goods or merchandise 
liable to retain the infection of the plague, or other infectious disease, 
shall be unshipped or moved in order to be landed; but, the com¬ 
mander of such vessel shall, immediately upon arrival, give notice there¬ 
of, and of the contents of his manifests as aforesaid, and of the foreign 
port in which such vessel hath performed quarantine, to the principal 
officer of customs at the port of arrival, or at the port nearest thereto ; 
and, if the commander, or any person whatsoever, shall land, un¬ 
ship, unload, or move in order to land, any goods or merchandise 
out of the said vessel, before an order of privy council shall be made, 
giving directions therein, or otherwise than shall be directed in the 
said order, every such person shall, for every offence, forfeit <£2QQ. 

21. All persons liable to perform quarantine shall be subject, dqjiiig 1 
the said quarantine, to such orders as they shall receive from the ' u 
proper officers, and the said officers are to enforce all necessary obe¬ 
dience to the said orders; and, in case of necessity to call in others to 
their assistance, and all persons so called in are to assist accordingly; 
and such officers shall compel all persons obliged to perform quaran¬ 
tine, to repair, and to cause all goods and merchandises comprised 
with any such orders, to be conveyed, to the lazaret or other place 
duly appointed in that behalf, according to such directions as shall be 
made by order of council; and, if any person, so obliged to perform 
quarantine, shall neglect to repair within convenient time, after notice, 

to the said lazaret, or other place appointed, or shall escape, or at¬ 
tempt to escape, out of the same before quarantine duly performed, 
the watchmen, and other persons appointed to see quarantine perform¬ 
ed, are required, by necessary force, to compel every such person 
to return; and every person so neglecting to repair into the said la¬ 
zaret or other place, and also every person actually escaping as afore¬ 
said, shall be adjudged guilty of felony, and suffer death. 

22. If any officer of customs, or any person whatsoever, to whom 
it appertains to execute orders concerning quarantine, or the preven¬ 
tion of infection, shall be guilty of any wilful breach or neglect of 
duty, every such officer and person shall forfeit such office or employ¬ 
ment and become thenceforth incapable to hold the same ; and every 
such officer and person shall forfeit c£l00 ; and, if any such officer or 
person shall desert from duty when employed, or permit any person, 
ship, vessel, goods, or merchandise, to depart or be conveyed out M 
of the lazaret, &c. unless by order of council; or, if any person, ~ 
authorised to give a certificate of a ship having duly performed qua¬ 
rantine, shall knowingly give a false certificate thereof; every such 
officer and person so offending shall be deemed guilty of felony, and 
suffer death; and, if any such officer or person shall knowingly 
and wilfully damage any goods performing quarantine, he shall be 

liable 


QUARANTIN1 


30? 


liable to fay treble damages and full costs of suit to the owner 

thereof 

23. If any person, not infected with the plague or other infectious 
disease, nor liable to perform quarantine, shall enter the said lazaret 
or other place go appointed, whilst any person being under quarantine 
?hall be therein, and shall return or Attempt to return thence, unless 

» in such cases and by such license as shall be directed by virtue of any 
orders of council, the watchmen, or other persons appointed to guard 
the said lazaret or other place, shall, by necessary force, compel such 
person to repair into the said lazaret or other place, there to perform 
quarantine; and, in case such person shall actually escape out of 
the said lazaret or-other place where he shall be so placed to per¬ 
form quarantine, he shall be adjudged guilty of felony, and suffer 
death. 

24. All such goods and merchandises as shall be particularly speci¬ 
fied in any order of council, made concerning quarantine and the pre¬ 
vention of infection, imported into any of his Majesty’s dominions 

any foreign place, in any vessel whatsoever, shall be subject 
such regulations as shall be made by order in council respecting 
the same. 

25. After quarantine shall have been duly performed by any vessel, 
or persons; and, upon proof made by the oaths of the commander 
of such vessel, and of two persons belonging thereto, or upon proof 
by the oaths of two or more credible witnesses, before the collector 
or principal officer of the customs, or before any justice of the peace 
living near the place, or (when such quarantine shall have been per¬ 
formed within Guernsey, Jersey, Alderney, Sark, or Man) before any 
jurats or magistrates of the said isles, that such vessel and every such 
person have duly performed quarantine as aforesaid, and that the 
same are free from infection; and, after producing a certificate to 
that purpose from the chief officer who superintended^ the quaran¬ 
tine, then such collector, or principal officer of the customs, or such 
justice of the peace, or such jurats ~ or magistrates, are to give a 
certificate thereof; and thereupon such vessel, and persons so having 
performed quarantine, shall be liable to no farther restraint. 

26. All goods, wares, and merchandises^ liable to quarantine, shall 
be opened and aired in such places, and for such time, and in such 
manner, as shall be directed by order in council; and, after such orders 
shall have been duly complied with, a certificate thereof shall be 

\ given by the chief officer appointed to superintend such quarantine, 
and proof thereof shall be made by the oaths of two or more ere- 
dible witnesses before the collector or principal officer of the customs 
at the port lying next to such places where the, same were opened 
and aired, or before any justices of the peace living near the same, 
or before any two jurats or magistrates of Guernsey, Jersey, Alder¬ 
ney, Sark, or Man, respectively; and, upon the production of certi¬ 
ficates thereof to the commissioners of customs in England or Scotland, 
or to the chief magistrate of any of the said last-mentioned islands, 
such goods, wares, and merchandise, shall be forthwith discharged 
from any restraint or detention upon the same account. 

27. Persons forging certificates, &c. shajl suffer death. 

28. If any person conceal from the officers of quarantine, or clan¬ 
destinely convey any letters, &c. from any ship performing, or liable 
to perform, quarantine, or from the lazaret, every such person shall 

i be adjudged guilty of felony, and suffer death. 

. X 2 


29- 


QUARANTINE. 


SO* 

29. If it shall at any time happen that any part of Great Britain 
Ireland, Guernsey, Jersey, Alderney, Sark, or Man, or France 
Spain, Portugal, or the Low-countries, be infected with the plague, 
or any other infectious disease, his Majesty by proclamation may pro¬ 
hibit all small boats and vessels, under twenty tons burthen, from 
sailing out of Great Britain, Guernsey, Jersey, Alderney, Sark, and 
Man, until security be first given by the master thereof, in the penalty 
of £300, that such mentioned boat or vessel shall not go to or touch 
at any place mentioned in such proclamation ; and, that neither the 
master of such boat or vessel, nor any mariner or passenger therein 
shall, during such time, go on-board any other ship or vessel at sea ; 
and, that such master shall not suffer any person to come on-board 
such boat or vessel at sea from any other ship or vessel, and shall not, 
during the time aforesaid, receive any goods and merchandises what¬ 
soever out of any other ship or vessel; and, in case any boat or vessel, 
for which such security shall be required by such proclamation, shall 
sail, before such security be given as aforesaid, every such boat or 
vessel, together with her tackle, apparel, and furniture, shall be for¬ 
feited to his Majesty; and the master, and every mariner thereof, 
shall severally forfeit £20. 

30. Publication in the London Gazette of any order in council to 
be sufficient notice to all concerned. 

,31, 32, 33, 34, 35, 36, and 37. These sections relate to the 
application of the penalties, modes of conviction, &c. 

In pursuance of the preceding act of parliament, a proclamation 
was issued, dated the 29th of July, 1800, and since repeated, which 
contains such a variety of regulations relative to the performance of 
quarantine that we have thought it right to insert its provisions, 
which are as follow, viz. 

I. All vessels (not having the plague or other infectious disease, of 
the nature of the plague, actually on-board) coming from the Medi¬ 
terranean, or from the West Barbary on the Atlantic Ocean, with 
clean bills of health; and all vessels whatsoever having on-board 
cotton-wool, (except vessels coming directly from the East-Indies, 
the Continent of America, or the West Indies, loaded in whole or 
in part with that commodity, being the produce of those parts,) or 
any of the goods, wares, or merchandises, enumerated in the first class 
hereinafter stated, being the growth, produce, or manufacture of 
Turkey, or of any place in,Africa within the Straits of Gibraltar, or 
in the West Barbary on the Atlantic Ocean ; shall, together with their 
cargoes and all persons on-board thereof, perform quarantine?, as herein¬ 
after directed. 

II. All such vessels coming from the Mediterranean,- or from the 
West-Barbary on the Atlantic Ocean, as shall arrive zvit/i clean bills of 
health, and all persons, goods, wares, and merchandises, on-board 
thereof, shall perform quarantine in the places hereinafter appointed, 

' that is to say. 

All such vessels, so arriving as last aforesaid, as shall be bound to 
the port of London, or other place within the said port, to the river 
Thames or Medway, shall perform quarantine in Standgate Creek ; if 
bound to the ports of Ipswich, Yarmouth, Lynne, Boston, Hull, 
Newcastle, or Berwick-upon-Tweed, or any member thereof, or other 
place within the said ports respectively, shall perform quarantine in 
IVhitebooth Road , between Hull and Grimsby ; if bound to the ports of 
Carlisle and Chester, nr to Liverpool, Lancaster, or to any other 

member 


QUARANTINE. 


SQ9 


member of the ports of Carlisle or Chester, or to any other place 
within the said ports, *or to the Isle of Man, shall perform quarantine 
in a place called Highlake, near Liverpool, at the West End of High - 
lake ; if- bound to Milford, Cardilf, Gloucester, Bristol, Bridgewater, 
or any member of them ; or lo Padstow, or St Ives, being members 
of the port of Plymouth, or to Ilfracombe or Barnstaple, being mem* 
bers of the port of Exeter, or to any other place within the said 
ports of Milford, Cardiff, Gloucester, Bristol, or Bridgewater, or 
within the said members of the said ports of Plymouth and Exeter, 
shall perform quarantine in Kingroad and Porshute Pill ; if bound fo 
the ports of Plymouth, Exeter, Poole, or Falmouth, or any other of the 
members or creeks, or other places within the said ports of Plymouth, 
Exeter, and Poole, (except Padstow and St Ives, Ilfracombe and Barn¬ 
staple, before mentioned,) shall perform quarantine in a place called 
St Ives Pool, within the mouth qf the harbour of Falmouth ; if bound to 
the ports of Southampton, Chichester, Sandwich, or any of the mem¬ 
bers or creeks thereof, or any other place within the same ports re¬ 
spectively, shall perforin quarantine at a place called the Mother - 
Bank , near Portsmouth; if bound to the Eastern coast of Scotland, 
comprehending the ports of Leith, Borrowstounness, Alloa, Dunbar, 
Kirkaldy, Anstruther, Preston-Pans, Dundee, Perth, Montrose, and 
Aberdeen, or to any member, creek, or other parts thereof, shall 
perform quarantine in Inverkeithing Bay; if bound to the western 
ports of Scotland, comprehending the ports of Port Giasgowq r Gree- 
nock, Irvine, Campbeltown, Oban, Rothsay, Fort William, A r , Port 
Patrick, Stanraer, and Wigtoun, or to any member, creek, o other 
parts thereof, shall perform quarantine at Lamlash, in the island of 
Arran ; if bound to the Northern ports of Scotland, comprehending 
the ports of Inverness, Zetland, Orkney, Caithness, and Stornaway, 
or to any member, creek, or other parts thereof, shall perform qua¬ 
rantine in Cromarty-Bay , in the Murray Frith ; if bound to the South-We$t 
ports of Scotland, comprehending the ports of Dumfries and Kircud¬ 
bright, or to any member, creek, or other parts thereof, shall perform 
quarantine at Carsthorn , at the mouth of the river Nith ; if bound to any 
place on the coasts of England or Scotland, not within any of the 
ports or limits before mentioned or described, shall perform quaran¬ 
tine at such place hereinbefore appointed for performance of quaran¬ 
tine, as shall be nearest to the port or place to which such vessels 
respectively shall be so bound; if bound to the Isle of Jersey, or any 
part thereof, shall perform quarantine at a certain place on the coast 
of the said island, called Belle Croute, or at some place hereinbefore 
appointed for performance of quarantine on the coast of England; and, 
lastly, if bound to any part of Guernsey, Sark, or Alderney, shall per¬ 
form quarantine in a place near the Island of Guernsey, called the 
Little Road, or at some place hereinbefore appointed for performance 
of quarantine on the coast of England. 

III. All goods, wares, and merchandises, imported in any such 
vessels^ shall be opened and aired at the several places before respec¬ 
tively appointed, in the manner and for the time hereinafter directed. 

IV, All such vessels (not having the plague or other infectious dis¬ 
ease of the nature of the plague actually on-board) coming from the 
Mediterranean^ or from the West Barbary on the Atlantic Ocean, as 
shall not be furnished with clean bills of health, shall perform quaran-* 
tine in Standgate Creek, and no where else; and, in case any vessel 
coming from any of the places before described, not being furnished 

X 3 with 


510 


QUARANTINE. 


with a dean bill of health, shall come into any of the out-ports of this 
kingdom, or to any of the islands aforesaid, the principal officers of 
die customs at such port or in such islands, or the governor or chief 
magistrate thereof shall cause such vessel to depart thence imme¬ 
diately, and proceed to Standgate Creek. 

V. On the arrival at Standgate Creek of any vessel coming from 
the Mediterranean, or from the West Barbary on the Atlantic ocean, 
with or without a clean bill of health, the superintendant of quarantine, 
or, in case of his indisposition, or of his being otherwise necessarily en¬ 
gaged, his assistant, together with the medical attendant, and on the 
arrival of any such vessel from the places before-mentioned at any of the 
out-ports of this kingdom, or at any of the islands aforesaid, the proper 
officer of the customs, at the place appointed for the performance of 
quarantine, at such places, shall go alongside such ship or vessel in a 
boat, (keeping to windward,) and shall see the crew and all other 
persons belonging to or being on-board such vessel mustered on the 
gang-way ; and the superintendant of quarantine, or his assistant, or 
the proper officer of the customs appointed for the performance of 
quarantine, shall then and there, in the presence of the crew, put the 
following questions to the master or other person having charge of the 
ship or vessel, who shall answer the same upon oath, viz. What is the 
name of the vessel, and from whence does she come ?— What is the 
name of the commander ? — Is the bill of health clean or unclean, or 
suspected ? — Produce it. — Is the instrument now produced the true 
and only bill of health, or is there any other on-board the vessel ? If there 
Is, produce the same. — Has there been any sickness on-board in the 
course of the voyage ? If so, of what nature? — Has. any person died on¬ 
board in course of the voyage? If so, of what disease, and when? — Are 
all persons now on-board in good health ? — At what place or 
places was the cargo taken on-board ? — Of what does the cargo 
consist ? 

VI. The answers to the aforesaid questions shall be taken down in 
writing, and the superintendant of quarantine, or his assistant, with 
the advice of the medical attendant at Standgate Creek, and in case of 
a vessel bound to any of the out-ports or islands aforesaid, the proper 
officer of the customs, at the places appointed for the performance of 
quarantine at such out-ports or places, shall appoint a proper place for 
the master or other person having charge of the ship or vessel to repair 
to, who thereupon shall, as soon as possible, after having answered the 
foregoing questions, repair to such place, carrying with him the log¬ 
book, manifest, and all the ship’s papers, all of which shall be delivered 
to the superintendant of quarantine, or his assistant, at Standgate Creek, 
or to the proper officer of the customs at the out-ports or Islands afore¬ 
said, (as the cast may be,) the said log-book, manifest, and papers, ha- 
vingbcen^r^ immersed in vinegar and fumigated', and such master, or 
other person, shall then solemnly make oath to the truth of the contents 
of such log-book, and that every particular entry therein was made as 
soon after the fact as possible; and also to the truth of all the other 
papers so delivered, as well as to the truth of his answers to th e follow¬ 
ing questions > which questions are to be then and there put to him by 
the superintendant of quarantine, or his assistant, or by such proper 
officer of the customs, as the case shall be, viz. 

On what day did you^arriye at the place or places where you took in 
the whole, or any, and what part, of the cargo? and on what day did 
you sail from such place or places? and what part of your cargo was 

taken 


QUARANTINE. 


31! 


taken in ai each place, and when ? — What place or places did you 
touch at during the voyage ? — Did the plague or any other contagious 
distemper prevail in any degree at any of’ the places at which your cargo 
was taken on-board, or at which you touched ? if at any, say at which, 
and when ? — Did you meet with any British ships or vessels at any of 
the places you have been at ? if you did, say when, where, and what 
were the names and destinations of such ships or vessels? — Did you 
leave any British ships or vessels at any of the ports you have sailed 
from? if you did, mention their names, and the names of the comman¬ 
ders. — Were such ships loading ? were they near their departure ? and 
whither were they bound ? — Do you know whither any foreign vessels 
loading at the port from which you sailed were bound beyond the 
Streights of Gibraltar ? and if so, what were they, and whether were 
they bound?—How long have you been upon the voyage?-—Have 
you spoken to or otherwise had any communication with any vessel at 
sea during the voyage ? if you have, say when, where, and the nature 
of the communication held.— W T ere there any letters, parcels, or 
other articles, delivered or received into your ship or vessel from any 
ship or vessel met with on the voyage, or until your arrival at the place 
where you were put under quarantine by the proper officer of the 
customs, and the delivery of youp papers to such officer ? and what were 
such letters, parcels, or articles ? — What w'ere the ships or vessels you 
spoke to or had communication with, and what were their destinations 
respectively ? and what do you know respecting the state of health on¬ 
board such ships or vessels? — In the course of your voyage, has any 
of your ship’s crew r or passengers suffered from illness of any kind? 
what was the nature of such illness? when did it prevail ? how many 
persons were affected by it? are there any convalescents on-board? 
are all on-board at present in good health ? — What number of persons, 
if any, have died on-board during the voyage ? w T hen and in what part 
of the voyage did such persons die? — Were there any of those who 
died suspected at the time to have died of a contagious distemper ? 
were their bedding and clothes destroyed ? if so, when, and in what 
manner ? were any of the persons immediately employed about the 
sick afterwards taken ill ? if so, of what disease ? — At what precise 
time after leaving port did such deaths happen ? in how many days 
after being first indisposed did the sick die? what were the most 
obvious appearance of the disease ? — Did you touch at the Isle of 
Rhodes, the Morea, or any and what part of the coast of Africa, with¬ 
in or witnout the Mediterranean? and, if so, at what time or times re¬ 
spectively ? and had you any and what communication with the shore 
at those respective places ? did any person on-board communicate du¬ 
ring the voyage in any manner whatever with any ship or vessel co¬ 
ming from any of those places ? if so, when and in what manner? and 
what do you know of the state of health of the persons on-board such 
ships or vessels ? — Do you know whether any person whatever v em¬ 
ployed in loading your vessel, or in bringing any articles into it, or 
having any communication on-board thereof, was taken ill during sucli 
employment or communication ? or whether, by the absence of such 
person or persons in the course of such employment, any suspicion was 
entertained of their having been taken ill ? if so, of what disease ? — 
Do you know whether ,or not your cargo, or any part thereof, had been 
Jong in warehouse before its being taken on-board? il you.do, say how 
long? have you any knowledge of its being packed or handled on 
shore, or conveyed frpm shore, or stowed on-board by persons affected 

X 4 'vith 


112 QUARANTINE. 

• ith the plague ?»—Do your crew and passengers consist entirely of 
the same individuals who were on-board-at the time or times ot your 
departure from the port or ports of loading ? if any alterations in that 
re spect have taken place, specify the same, their causes, and ihe time 
or times of such alterations. — What pilots or other persons from the 
‘hores of the kingdom of Great Britain, or from the islands of' Scilly 
Guernsey, Jersey, Alderney, Sark, or Man, have been or are now on¬ 
board your ship or vessel, or have had any communication whatever 
with the ship’s company, or any of the passengers, during the voyage 
homewards, and until the time of her being- put under quarantine by 
the proper officer of the customs ? 

VII. In the case of vessels subject to quarantine in Standgate Creek, 
the superintendant of quarantine, or his assistant, with the advice of 
the medical attendant, shall, according to the answers returned to the 
questions hereinbefore set forth, assign a proper station for the vessel, 
either with the vessels having clean, or with those without clean, bills 
of health, performing quarantine in Standgate Creek, as the case shall 
be, in which station she shall be forthwith placed ; and, in case the su¬ 
perintendant of quarantine, or his assistant, or the medical attendant, 
shall see any cause of particular suspicion, the sard superintendant, or 
his assistant, shall, without regard to the bill of health, whether clean or 
otherwise, order such vessel to a station distant from other vessels, and 
put her under special guard, in order the more effectually to prevent all 
communication therewith. 

VIII. In the case of vessels liable to quarantine arriving at any of the 
out ports or islands aforesaid, if any suspicious circumstance shall appear 
in the answers returned to the said questions by the master or other per¬ 
son having charge of any such vessel, or from any other circumstance, 
the proper officer of the customs at such out-port or island shall imme¬ 
diately transmit such answers, and give notice of the cause of such sus¬ 
picion to the privy council, and to the commissioners of customs, and 
shall, without regard to the hill of health, whether clean or otherwise, 
order such vessel to a station distant from all other vessels in the same 
place, and put her under special guard, in order the more effectually to 
prevent all communication therewith. 

IX. After the last examination hereinbefore directed shall have been 
completed, the master, or other person having charge of the ship or 
vessel, shall return on-board, and shall become subject to quarantine in 
the manner herein directed. 

X. All vessels liable to quarantine as aforesaid, and being furnished 
with clean bills of health, as well as the crews and passengers on-board 
the same, shall perform a quarantine of fifteen days in the manner here¬ 
tofore practised, which shall commence from the time when such part 
of the cargo, if any, as is enumerated in the two classes hereinafter 
stated, shad have been delivered into the floating lazaret in Standgate 
Creek, or into the lazaret to be erected at Chetncy Hill, in case the 
vessel shall perform quarantine in Standgate Creek; or into lighters or 
other proper vessels appointed for that purpose, in case the vessel shall 
perform quarantine at any of the places hereinbefore appointed for the 
performance thereof, by ships bound to any of the out-ports or islands 
aforesaid : but, in cases where no part of the cargo shall consist of such 
goods as are last described, then such quarantine of fifteen days shall 
commence on the day on which the master, or other person having 
charge of such vessel, shall have returned on-board the same. 


XI. 


QUARANTINE. 


im 


XI. As to all goods, wares, and merchandises, coming from the Me¬ 
diterranean, or from the West-Barbary on the Atlantic ocean, in vessels 
furnished with clean bills of health; all such goods, wares, and mer¬ 
chandises, (other than such as are enumerated in the first and second 
classes hereinafter stated,) shall be aired and treated on-board the vessel 
in which they arrive, according to the manner heretofore practised re¬ 
specting such goods imported in vessels furnished with clean bills of 
health, and shall continue to be so treated for one week; and all such 
goods, wares, and merchandises, as are enumerated in the said first and 
second classes hereinafter stated, coming in vessels with clean bills of 
health, shall be removed from the vessel to the place appointed for that 
purpose, and shall there be aired and treated in the manner heretofore 
practised with regard to such goods, wares, and merchandises, and shall 
continue to be so treated for fifteen days. 

XII. With respect to vessels not having the plague, or other infecti¬ 
ous disease of the nature of the plague, actually on-board, and which 
may arrive in any of the ports of this kingdom, or the islands aforesaid, 
coming from the Mediterranean, or from the West-Barbary on the At¬ 
lantic Ocean, not being furnished with clean bills of health; every sucl* 
vessel (having repaired to Standgate Creek as hereinbefore directed) 
shall perform quarantine either in the floating lazaret there, or in the 
Land lazaret at Chetncy-Hill, and no where else, in the manner and foe 
the time hereinafter mentioned. 

XIII. Immediately after the master or commander of every such ves¬ 
sel so arriving without a clean bill of health shall have undergone the 
several examinations herein-before -directed, and shall have returned 
on-board his vessel, two quarantine guardians shall be placed on-board. 

XI V r . None of the crew or passengers on-board of any such vessel 
so arriving without a clean bill of health, shall be permitted to come 
on shore, or to quit the said vessel, until such person shall have per¬ 
formed quarantine in manner hereinafter directed ; but all such persons 
may be permitted to have communication with others by letter^, under 
the following regulations and restrictions, viz. 

In cases where such persons shall perform “quarantine in the lazaret 
at Chetney hill, an officer, appointed by the superintendant of quaran¬ 
tine, shall daily go to a proper place to be appointed for the receipt of 
letters from the persons under quarantine; and in cases where, such 
persons shall perform quarantine in the floating lazaret, or in a separate 
vessel, an office boat, not under quarantine, with an officer appointed 
bv the superintendant of quarantine, shall, in like manner, daily, at a 
fixed hour, go round the said floating lazaret or vessel, to receive such 
letters, the usual precaution of dipping such letters in vinegar, and put 
ting them into the fumigating box, being always first observed; and such 
letters shall remain in the fumagating box, till such time as the superin- 
tendant shall give directions for taking them out to be forwarded; and 
no person, except the said superintendant of quarantine, or his assistant, 
or one of the guardians on-board the ship or vessel, shall be permitted 
to deliver such letters from such fumigating box; and the said persons, 
so hereby authorised to deliver the same, shall take care, where several 
letters or papers are inclosed together, to slit open the covers in the 
manner practised in the lazarets of the Mediterranean, 

And all letters to such persons so under quarantine shall be delivered 
to the superintendant or his assistant, and shall be distributed according 
to his directions; and no communication or conference shall be had by 
persons not under quarantine with persons so uuder quarantine, except 


514 QUARANTINE. 

by permission of the superintendant, or his assistant, and under such 
regulations and restrictions as shall be directed by the said superin- 
tendant; nor, in cases where such persons shall perform quarantine on¬ 
board any ship or vessel, unless from the boat of the superintendant, 
or his assistant, one of whom shall always be present during such com¬ 
munication and conference ; and such communication and conference 
shall be had at the distance observed by the superintendant, or his as¬ 
sistant, in their usual communication with ships and persons under qua¬ 
rantine.- 

XV. And, for the purpose of preventing all clandestine communi¬ 
cation between the lazaret and hospital, or pest-house at Chetney-Hill, 
and between the floating lazaret and the hospital ship, and vessels 
under quarantine, and between such vessels and the shore, a night- 
watch shall be regularly kept, and sufficient number of guard-boats 
and officers appointed; and such boats shall row guard all night, and 
centinels with loaded muskets, and with small pieces of ordnance, 
loaded with grape or canister shot, shall be constantly stationed on the 
most commanding parts of the floating lazaret, and of the lazaret at 
Chetney-hill; and no houses or other buildings shall be erected at or 
near the beach, other than those belonging to the said lazaret; and 
the boats belonging to the floating lazaret, when not on necessary 
duty, shall be always either on-board the same, or fastened thereto by 
chains with strong padlocks, the keys of which shall be lodged in the 
custody of a person to be appointed for that purpose by the superin¬ 
tendant ; and ail the boats belonging to vessels in quarantine shall be 
taken from them, and no use made of such boats, except for the pur¬ 
pose of carrying goods to the lazaret, or upon occasions of necessity. 
And such boats shall not be delivered up to the masters of the ves¬ 
sels until the expiration of the quarantine to be respectively performed 
by them. 

XVI. The superintendant of quarantine, or some proper person 
appointed by him, shall, as often as required, afford assistance and 
provide necessaries for the persons in the lazaret at Chetney-hill, and 
the floating lazaret, or the hospital-ship, and also for those on-board 
vessels under quarantine, taking care to allow of no improper commu¬ 
nication with the persons employed for that purpose; which persons 
shall always place their boats to windward, and shall deliver, by means 
of metal buckets, with chains, the articles supplied by them. 

XVII. The quarantine guardians, placed on-board vessels not fur¬ 
nished with clean bills of health, shall be instructed to take especial 
care that nothing whatever be delivered from on-board such vessels, 
when under quarantine, without an order in writing from the super¬ 
intendant or his assistant; every such order to be entered in a book by 
one of the said guardians, and the original to be delivered back to 
the superintendant or his assistant, and nothing, however little suscep¬ 
tible it may be thought to be of infection, shall be conveyed from one 
ship or vessel under quarantine to another, nor any personal intercourse 
be permitted from any such vessel to another ; and one of the quarantine 
guardians, when thereto required by the superintendant of quarantine, 
or his assistant, shall accompany the lighters and boats which shall be em¬ 
ployed in passing to or from the vessel on-board of which such guar-, 
dians are placed, during the passage of such lighters and boats to and 
from such vessel, in order to prevent any communication in the transit 
of the cargo from the ship to the floating lazatet, or to the lazaret at 
Chetney-Hill, and shall take care, after every removal of goods, that 


QUARANTINE. 


315 


no remnants of cotton, or of any other article enumerated in either 
of the said two classes herein-after stated, remain in the lighters or 
the boats, but shall, before leaving off work, collect and deliver such 
remnants into the lazaret with the last package, which they shall then 
carry from the said vessel. 

XVIII. The said guardians shall take care, that, after the discharge 
of the cargoes into the lazaret, the holds,and between decks of the 
ships shall be completely swept, and the sweepings burnt. 

XIX. The said guardians shall diligently search the lockers, chests, 
and other repositories, of the officers, passengers, and crews, and every 
part of the vessels, so that no article, so enumerated in either of the 
said two classes, nor any matter or thing considered as susceptible of in* 
fection, remain undelivered to the lazaret, unless what shall be declared 
by the said superintendant, or medical attendant, to be requisite for daily- 
use, and shall see that all the said chests, lockers, and other repositories, 
and all the clothes and bedding, in the vessel be daily opened and aired, 
in such manner as shall be directed by the superintendant of quaran¬ 
tine, and shall also make the like diligent search in vessels laden with 
other goods not enumerated in cither of the said classes, so as to be 
able the better to ascertain that nothing enumerated, or considered ai 
susceptible, has been left on-board. 

XX. One of the said guardians shall make a daily report to the 
superintendant of quarantine, or his assistant, and to the medical 
attendant, of the state of health of every person on-board, and whether 
the regulations of quarantine have been properly complied with; and, 
in case any impediment shall occur in the execution of the duties re¬ 
quired of the said guardians, they shall give notice immediately to the 
master or commander of the vessel in the first instance ; and, if there¬ 
upon such impediment be not instantly removed, they shall then give 
notice thereof to the superintendant of quarantine, or his assistant, 
who shall take care to use effectual means for the removal of the 
same. 

XXI. If any person on-boaFd shall fall sick, and any medical per¬ 
son shall be on-board the vessel, such medical person shall confer with 
the medical attendant along-side the vessel, the medical attendant 
keeping to windward at a distance of not less than ten feet; and, in 
case there shall be no medical person on-board, and it shall be ne¬ 
cessary for the medical attendant to inspect the sick, the visit shall be 
made at the ship’s boat by the medical attendant in his own boat, 
keeping to windward at the like distance of not less than ten feet; and, 
if any patient, after being examined in the manner before-mentioned, 
shall be found to require such medical or chirurgical aid as cannot 
properly be administered, except in the pest-house or hospital-ship, he 
shall be removed either to such pest-house or hospital-ship, as the case 
may require. 

XXII. Patients under circumstances which shall induce suspicion 
that they may be infected with any pestilential disorder, whether such 
person shall be in the lazaret at Chetney-hill, or in the floating laza¬ 
ret,'or in any of the ships or vessels performing quarantine, shall be 
sent to the pest-house, or to one of the huts on shore, or to the (hos¬ 
pital-ship, according to the discretion of the superintendant of qua¬ 
rantine, with the advice of the medical attendant; and, when it snail 
appear that there is no longer any reason to apprehend any danger of 
infection from such patients, they shall be sent back to the vessel 
whence they were removed. 


XXIII. 


316 


QUARANTINE. 


XXIII. In case any pestilential disorder shall actually discover itself 
on-board any vessel, or among any of the persons under quarantine/ 
whether in any vessel performing quarantine in the lazaret at Chetney- 
hill, or in the floating lazaret, the persons affected with such disorder 
'Shall be removed with all possible care and dispatch under the special 
direction of the superintendant of quarantine and medical attendant to 
the pest-house, or to one of the huts on shore, and a proper attendant 
shall be assigned to such patients by the superintendant of quarantine, 
with the advice of the medical attendant, and such patients shall be 
visited at a due distance by the said medical attendant, and in case 
near approach shall be required, some person shall be specially ap¬ 
pointed by the medical attendant for that purpose. 

XXIV. The passengers and crew of any vessel under quarantine 
may h^ve the assistance of any medical persons they may desire from 
the shore, subject to the official visits of the medical attendant, and 
to such regulation and restrictions as the superintendant of quarantine, 
with advice of such medical attendant, shall judge necessary ; but all 
such medical persons, as well as all others, if they communicate by 
contact with the sick, shall pq^form the same quarantine as the sick 
persons themselves* 

XXV. After the quarantine guardians shall have been placed on¬ 
board any vessel, the pilot may quit such vessel, and be removed to 
an apartment in the lazaret at Chetney-hill, or in the hospital ship, 
provided he comes from a vessel having no suspicious sickness on¬ 
board ; but, if otherwise, suefi pilot shall be sent to the pest-house, or 
to one of the huts on-shore, at the discretion of the superintendant of 
quarantine, with the advice of the medical attendant; and such pilot 
shall, in both cases, continue under quarantine until the probationary 
airing of goods, wares, and merchandise, as hereinafter directed, 
shall be finished; and, at the expiration of such probationary airing, 
such pilot, if he continue free from infection, shall be fumigated and 
discharged from quarantine; provided always, that, during the per¬ 
formance of such quarantine, either on-board the hospital-ship, or at 
the pest-house, or huts on-shore, such pilot shall not have communi¬ 
cation with any other person, except under similar restrictions to those 
herein directed with regard to other persons under quarantine. 

XXVI. Until the lazaret <\t Chetney-hill shall be erected, such of 
the passengers and crew of any vessel arriving as above-mentioned, 
not furnished with clean bills of health, as may be desirous of per¬ 
forming quarantine in a separate vessel, to be hired at their own ex¬ 
pense, shall, in case the superintendant of quarantine, with the advice 
of the medical attendant, shall see no objection thereto, be permitted 
to quit the vessel in which they arrived before the hatches are opened, 
and to go on-board any other vessel to perform quarantine, (in which 
other vessel a quarantine guardian shall be placed at the expense of 
the person or persons so performing quarantine,) and such persons 
shall there perform a quarantine of thirty days; and such of the pas¬ 
sengers and -crew as shall remain on-board the ship in which they shall 
have provided, shall continue under quarantine until the ship shall be 
discharged therefrom. 

Provided always. That, in case any pestilential accident shall occur 
among the ship’s crew or passengers during the probationary airing of 
the goods, at whatever stage of the quarantine such accident may 
happen, the quarantine of all the passengers and crew, awl of the 
pilot, (if there shall be a pilot at that time liable to quarantine in re¬ 
spect 


517 


QUARANTINE. 

spec! of his having been on-board such ship or vessel,) as well as of 
the goods, wares, merchandises, shall recommence; the sick persons 
shall be sent to the hospital-ship, or to the pest-house, or to the huts 
on-shore, as above directed; the external guard shall be immediately 
doubled, and notice of such accident shall be given with all possible 
dispatch to the privy-council. 

XXVII All persons who shall have to perform quarantine in die 
lazaret at Chetney-hill, shall perform such quarantine for the same 
time, and under the same regulations, as those who are permitted to 
perform quarantine in separate vessels as herein-before directed. 

. XXVIII. The baggage, wearing-apparel, books, and every other 
article belonging to any person on-board any vessel arriving as above- 
mentioned, and not furnished with a clean bill of health, for which 
they shall have no immediate occasion, shall be sent to the lazaret at 
Chetney-hill, or to the floating lazaret, 4or the purpose of being aired 
in like manner as other goods of the same description ; and, before any 
of the passengers or crew shall be discharged from quarantine, they, 
their clothes, and other effects which have remained with them, shall 
be fumigated. 

XXIX. Immediately after the pilot, and such of the passengers and 
crew of vessels so arriving without clean bills of health as may be 
directed to perform quarantine in any of the modes herein before- 
mentioned, shall have quitted the vessel in which they shall have 
arrived, the hatches of such vessel shall be opened, and the proba¬ 
tionary airing of the cargo shall commence; which probationary air¬ 
ing shall be in the following manner: viz. 

Such a number of bales of the enumerated goods, wares, and mer¬ 
chandises, of the first class, herein-after stated, as can be ranged upon 
deck, shall be taken from the hold, and, the seams at one or both 
ends being ripped open, the contents shall be handled as much as 
possible by the sailors, in the presence of one of the guardians, and under 
this process of handling and turning, such bales shall remain exposed to 
the air for six days, and on the subsequent day shall be put into a condi¬ 
tion to be, and shall accordingly be, delivered to the lighter appointed 
to transport them to the floating lazaret, or to the lazaret at Chetney- 
Hill; and, as soon as the deck is cleared of the first parcel of goods, 
a second parcel shall be hoisted up and treated in like manner for 
the space of three day’s, and on the subsequent day shall in like man¬ 
ner be put into such condition, and shall be so delivered .a-s aforesaid % 
after which, a third parcel shall be hoisted up and treated in the same 
manner also for the space of three days, and on the subsequent day 
shall in like manner be put into such condition, and shall be so de¬ 
livered ; but, in case of any suspicious circumstances arising, the pro¬ 
bationary airings shall be extended to eight, six, and four, days, 
making, with the three intermediate days, twenty-one days in the 
whole; or even to a greater length of time, if circumstances shall 
require. 

XXX. Of the goods, wares, and merchandises, which shall arrive 
in vessels without clean bids of health, the articles herein-after enu¬ 
merated in class die first shall be carried to' the floating lazaret in Stand- 
gate-Creek, or to the lazaret at Chetney-Hill, there to be unpacked, 
Opened, and aired for the -.pace of forty-days: viz. 


CLASS 


31* 


QUARANTINE. 


CLASS THE FIRST, 

Consisting of those articles which are considered as most liable io 
infection:—apparel of all kinds, artificial flowefs; bast, or any 
article made thereof; beads, bracelets, or necklaces in strings; beds; 
bed-ticks; books; brooms of all sorts; brushes of all sorts; burdets; 
camblets; canvas, Carmenia wool; carpets; cordage, not tarred; 
cotton-wool; cotton-yarn; cotton-thread; all articles wholly made of 
or mixed with cotton, silk, wool, thread, or yarn; down; feathers; 
flax; furriers waste; goats hair; gold or silver on thread, cotton, 
hair, wool, silk, or any other substance herein-before enumerated; 
grogram; hats, caps, or bonnets, of straw, chip, cane, or any other 
material; hemp; hoofs; horn and born-tips; hair of all sorts; leather; 
linen; liquor of any kind in bottles or flasks; lutestrings, catlings, or 
harpstrings; maps; mattresses; mats and matting ; mohair yarn ; nets, 
new or old ; paper; packthread; parchments; pelts; platting of bast, 
chip, cane, straw, or horse-hair; quills; rags; sails and sailcloth; 
silk, viz. crapes and tiffanies, husks and knubs, raw silk, thrown and 
organzine silk, waste silk, wrought silk; skins, hides, and furs, and 
parts or pieces of skins, hides, and furs, whether undressed, or in 
part or wholly tanned, tawed, or dressed; sponges; straw, or any 
article made of or mixed with straw; stockings of all sorts; thread; 
tow; vellum; whisks; wool, whether raw or anywise wrought; yarn 
of all sorts ; and all other goods whatsoever, if they shall have ar¬ 
rived in or with packages consisting wholly or in part of any of the 
articles above enumerated in this class, unless such goods shall be 
removed from such packages as hereinafter mentioned. 

XXXI. The expurgation of the goods, wares, and merchandises, 
enumerated in Class the First as before-mentioned, after they have 
been removed to the floating lazaret at Siandgate-Creek, or to the 
lazaret at Chetney-Hill, shall proceed in the following manner: that 
is to say, all bales of cotton shall be opened from one end to the 
other, and so much taken out as to leave room for handling, daily, 
the interior of the bale. 

The following articles, viz. raw wool, goats wool, Carmenia wool, 
and hair, shall be taken out of the bags or bales, and shall be ranged 
in low heaps not above four feet high, and successively handled and 
rummaged. 

All bales of raw silk, silk stracee, (or refuse,) and silk throwm, 
shall be opened on one side from end to end, the cords loosened, and 
way made, by removing a number of skeins, for the porters to handle 
the interior of the bales; and, at the expiration of twenty days, that 
side of the bale which has been opened being resewed, the other 
side shall be ripped open, and the contents handled and aired in the 
like manner till the thirty-fifth day, when.'the bales shall be put in 
order for delivery. 

All packages of cotton, of yarn, of thread, of silk stuffs, of cotton 
stuffs, of burdets, of camblets, and of linen, shall be opened, and 
the piece goods piled in rows, lattice fashion, or in pyramids, turned 
every four days, and completely spread out and suspended on cords 
for several days. 

Cases of paper, books, parchment, cases of sponges, aiid silk and 
thread stockings, shall be entirely unpacked, and the smaller parcels 
separated from each other, and so disposed as to admit of thorough 
airing. Feathers/straw-hats, artificial flowers, coral-beads in strings, 

and 


QUARANTINE. 


316 

and brushes, shall be spread out in the same manner; carpets, furs, 
hides and skins, shall be unhaled, and each piece shall be spread 
and suspended on cords, and sometimes in the open air, and fre¬ 
quently turned. 

All goods packed in or with straw, cotton, or any other article 
enumerated in the said First Class, or considered as susceptible, 
shall be entirely taken out of or separated from the same, and care¬ 
fully aired. 

All goods enumerated in the said First Class, concerning the ex¬ 
purgation of which no particular directions have been lierein-before 
given, shall be unpacked, opened, aired, and handled, in like man¬ 
ner, so far as may be, as is herein-before directed, with regard to 
goods of a similar description. 

XXXII. Of the goods, wares, and merchandises, which shall be 
Imported in any vessel arriving as above-mentioned, and not fur¬ 
nished with clean bills of health, the articles herein-after enumerated 
in Class the Second, shall in like manner be carried to the floating 
lazaret in Standgate-Creek, or to the lazaret at Chetney-Hill, there to 
be unpacked, opened, or treated, according to the nature thereof/ 
and aired for the space of thirty days: viz. 

CLASS THE SECOND, 

Consisting of those articles which are considered as liable to in¬ 
fection, but in a less degree: senna; jalap ; gum arabie; gum tra- 
gacanth ; gum myrrh; gum opium; gum scammony; antimony; 
cantharides; allum; juniper-berries; pomegranates,‘flowers, and seeds; 
sal nitre; sal ammoniac; madder; shumack; galls; tobacco; coffee; 
wood in raspings; and cork. 

XXXIII. The expurgation of all the goods, wares, and merchan¬ 
dises, enumerated in the said Second Class, shall be performed by ex¬ 
posing them to the air as much as possible, and by moving them from 
time to time so as to admit of free ventilation. 

XXXIV. After the delivery of all the goods, wares, and merchan¬ 
dises, enumerated in the two classes before-mentioned, into the float¬ 
ing lazaret at Standgate-Creek, or into the lazaret at Chetney-Hill, 
the vessel, with the rest of the cargo, shall then commence and 
perform a quarantine of thirty days, during which the packages of 
the goods, wares, or merchandises, not enumerated in either of the 
classes before-mentioned, remaining on-board such vessel, shall be 
frequently swept and shifted, and moved from time to time as much 
as possible, according to the nature thereof, so as to admit of free ven¬ 
tilation ; and at the expiration of the said thirty days, if all per¬ 
sons on-board continue free from every appearance of infection, 
the vessel, and such part of the crew, passengers, and cargo, as 
shall have remained on-board, shall be Anally fumigated and dis¬ 
charged. 

Provided always. That, if all the persons on-board remain in health, 
dried fruits having been shifted horn baskets or other packages 
made of articles enumerated in the said first class, or considered as 
susceptible, when such dried fruits shall have been imported in such 
packages, may be delivered in twenty days ; dried fruits in pack¬ 
ages of wood, in ten days; barrels of oil, the bungs being first tarred, 
and the barrels brushed and then thoroughly washed in sea-water, 
in ten days; grain, pulse, and other seed in bulk, on the eleventh 


520 


QUARANTINE. 


«Jay, after having been passed through an iron grating, in order 
detect any susceptible matter that may be mixed therewith; grain, 
pulse, and other seeds, in sacks or in casks, or baskets of rush mat, 
being* shifted into fresh sacks or packages in like manner on the 
eleventh day, being likewise passed through an iron grating; but, in 
all cases where any goods, wares, or merchandises, shall have been 
shifted from such susceptible packages as aforesaid into fresh pack¬ 
ages, the said susceptible packages shall be sent to the lazaret to 
perform quarantine, according to the nature thereof, or shall be destroy¬ 
ed* at the option of the importer. 

XXXV, The quarantine of all goods, wares, and merchandises, (as 
well such as are directed to be left in such as are to bo removed 
from the vessel,) in cases where the cargo shall consist partly of ar¬ 
ticles enumerated in the first and second classes, and partly of non- 
enumerated articles, shall commence and be computed frejn the day 
on which the whole of the articles enumerated in the said two 
classes shall have been removed from the vessel importing the same, 
to be opened and aired in the manner before directed, except as 
herein-before particularly excepted. 

XXXVI. The quarantine of thirty days to be performed by all 
vessels arriving without clean bills of health, but with cargoes wholly 
consisting of articles considered as not susceptible of infection, and 
not enumerated in either of the two classes before stated, shall com¬ 
mence, and be computed from the day on which the quarantine guar¬ 
dians shall be put on-board. 

XXXVII. All vessels, and all persons, goods, wares, and mer¬ 
chandises on-board thereof, arriving with suspected bills of health, 
(commonly called touched patents or bills,) shall respectively per¬ 
form quarantine, and be treated in the same manner as above directed 
concerning vessels arriving without clean bills of health, and persons, 
goods, wares, and merchandises, arriving in such vessels; except only 
that such ships, persons, goods, wares, and merchandises, so arriving 
with suspected bills of health, shall respectively be subjected to ten 
days less quarantine. 

XXXVIII. With respect to all vessels whatsoever, having on¬ 
board cotton, wool, thread, or yarn, or any other of the articles enu¬ 
merated in the first class before stated, and being the growth,, 
produce, or manufacture, of Turkey, or of any place in Africa within 
ilie Straits of Gibraltar, or in the West Barbary on the Atlantic 
Ocean, and importing the same into any port or place of this king¬ 
dom, or Guernsey, Jersey, Alderney, Sark, or Man, from any port 
or place in Holland, or from any port or place whatever at which 
there is not a regular establishment for the performance of qua¬ 
rantine, such vessels, and the crews and passengers, as well as the 
goods, wares, and merchandises, on-board the same, shall repair to 
some one of the places, herein-before appointed for the performance 
of quarantine, as the case may be, and shall be liable to, and ,there 
perform quarantine according to, the following regulations, viz. 

The master, or other person having charge of every such ship or vessel. 
Is hereby required lo bring with him a declaration made by the owner, 
proprietor, shipper, or consignee, of such vessel, or of the goods, wares, 
and merchandises, on-board the same respectively, upon oath, be, 
fore some magistrate of the port or place from whence such master 
or commander of such vessel, shall have brought the said goods, 

wares. 


QUARANTINE. 


321 


wares, and merchandises, and attested by such magistrate, and also by 
the British consul, or vice-consul; or, in case there shall be no British 
consul or vice-consul there, then by two known British merchants, cer- 
ti tying, whether the? said goods, wares, and merchandises, are, or are 
not, of the growth, produce, or manufacture, of Turkey, or of anyplace 
in Africa within the Streights of Gibraltar, or in the West Barbary on the 
Atlantic Ocean ; and, if they are of the growth, produce, or manufacture, 
of any of the countries last mentioned, then certifying, whether the said 
vessel is or is not the same, in which the goods, wares, and merchandises, 
so imported, were brought from Turkey, or from any of the countries 
last-mentioned ; and, in case the vessel is the same, the master or com¬ 
mander of such vessel is hereby required to bring with him the bill or 
bills of health granted at the port, where any of the goods were ori¬ 
ginally taken on-board, or copies thereof, attested by a notary public : 
and, if the vessel, having on-board such goods, wares, and merchandises, 
shall be other than that in which they were imported into any place in' 
Holland, or any place whatever, at which there is not a regular esta¬ 
blishment for quarantine, the master of such vessel is hereby required to 
bring with him a declaration, made and attested in like manlier as the 
declaration before-mentioned, certifying whether the said goods, wares, 
and merchandises, were imported into the ports of the countries last- 
mentioned in a vessel with or without a clean bill of health : and suchr 
master of any such vessel, if the same shall be bound to the port of Lon¬ 
don, or to the river of Thames or Medway, shall forthwith produce such 
declaration or declarations (as the case may be) to the superintendant of 
quarantine at Standgate-creek; or, if the same shall be bound to any of 
the out-ports or islands aforesaid, to the proper officer of the customs 
employed* in the service of quarantine at such out-port or place ; and if 
it shall appear that none of the goods, wares, or merchandises, on 
board such vessel, are of the groivth, produce, or manufacture, of 
Turkey, or of any place in Africa within the Streights of Gibraltar, or 
in the West Barbary on the Atlantic Ocean; such vessel, importing the 
same, shall not be obliged to perform quarantine, but shall, on produc¬ 
tion of such declaration to the proper officer ol the customs, be admitted 
to an entry in the usual and legal manner ; but, if it shall appear, that 
such goods, wares, or merchandise, or any part thereof) are of the 
growth, produce, or manufacture, of any of the countries last mentioned, 
then the superintendant of quarantine at Standgate-creek, or the proper 
officer of the customs employed in the service of quarantine at the out- 
port or place at which such vessel shall arrive, as the case may be, shall 
take care that every such vessel, as well as the crew, passengers, and 
cargo, on-board the same, shall perform quarantine, according to the 
nature of the case, at such and the same places as are herein-before ap¬ 
pointed for the performance of quarantine, for the same time, and in 
rhe same manner, as vessels, their crews, passengers, and cargoes, 
coming from or through the Mediterranean, or from the West Barbary 
on the Atlantic Ocean, either w ith or without clean bills of health, are 
herein-before respectively required to perform quarantine. 

XXXIX. All vessels arriving in the ports of this kingdom, or Guern¬ 
sey, Jersey, Alderney, Sark, or Man, having come from the Medi¬ 
terranean, or from the West Barbary, on the Atlantic Ocean, which, 
with their crews, passengers, and cargoes, shall have previously per¬ 
formed quarantine in the lazaret of Malta, Ancona, Venice, Messina, 
Leghorn, Genoa, or Marseilles, shall, upon their arrival, be put under 
quarantine in some of the ports or places herein-before appointed for the 

Y performance 


322 


QUARANTINE. 

performance of quarantine, until the master or commander of such ves¬ 
sel shall have produced to the superintendant, or proper officer of the 
customs employed in the service of quarantine, the proper documents to 
prove that such vessel, and the crew, passengers, and cargo, on-board 
the same have duly performed quarantine in one of the lazarets last- 
mentioned; and upon so. producing such documents the said vessel shall 
be forthwith admitted to report, and all goods, wares, and merchan¬ 
dises, on-board thereof, not herein-before enumerated in the First Class 
before stated, shall be admitted to an entry ; but all goods, wares, and 
merchandises, on-board any such vessel, which are enumerated in the 
First Class before stated, shall in such case perform a farther quarantine 
of fifteen days at some one of the ports or places herein before ap¬ 
pointed for that purpose, in such manner as has been heretofore 
practised. 

XL. All \ T essels, which shall receive any persons, or any goods* 
wares, or merchandises, or other articles whatever, from on-board any 
vessel liable to or under quarantine, shall, together with the cargo and 
persons on-board thereof, perform the like quarantine as the vessel from 
which such persons, goods, wares, merchandises, or articles, shall have 
been received. 

XLI. Notwithstanding any thing herein contained, it shall be law¬ 
ful for the privy-council, from time to time, to make such orders as 
they shall see fit, for shortening the time of quarantine to be per¬ 
formed by particular vessels, or particular persons, goods, wares, 
merchandises, or effects, or for wholly releasing particular vessels, 
&c. from quarantine, absolutely or conditionally, and generally to 
mitigate strict performance of quarantine in particular cases, as spe¬ 
cial circumstances shall appear in their judgement to require. 

XLII. The commanders of any of his Majesty’s ships of war, who 
shall meet any vessel liable to perform quarantine, coming to any of 
the ports of Great Britain, or of Guernsey, Jersey, Alderney, Sark, 
or Man, shall take due care to prevent the landing of any goods, 
wares, merchandises, or persons, from on-board the same, until they 
shall be put under the. direction of the superintendant of quarantine 
at Standgate-creek, or of the officers of his Majesty’s customs em¬ 
ployed in the quarantine-service at any of the outports or places herein¬ 
before mentioned. 

XLII1. The commissioners, and other officers of the customs, are 
to use their utmost diligence and care that all the regulations for 
the performance of quarantine before * directed be duly observed. 

XLIV, The commanders of his Majesty’s ships of war, forts, and 
garrisons, lying near the sea coasts, and all justices of the peace, mayors, 
sheriffs, shall aid and assist the officers of customs, and all others con¬ 
cerned in stopping such ships as aforesaid, and in bringing them to'the 
places appointed for the performance of quarantine, as well as in en¬ 
forcing due performance thereof. 

XLV. This order shall take effect from the First day of October, 1800. 


CHAPTER 


NAVIGATION ACTS. 


$25 


CHAPTER XX. 


Abstracts of the Navigation Act, 12 Car. II. c. 18, and 
CONFIRMED BY THE 13CaR.IL. C. 14. 

1 • QGODS to be imported into and exported out of the colonies , in certain 
-ships. — After the first of December, 1660, no goods or commo¬ 
dities whatsoever shall be imported into, or exported out of, any of the 
English colonies in Asia, Africa, or America, but in vessels which do 
truly belong to the peeple of England, Ireland, Wales, or Berwick- 
upon-Tweed, and navigated with a master and three-fourths* of English 
sailors, under the penalty of forfeiting ship and cargo. 

2. Aliens in the Colonies. — No person, born out of the allegiance of 
his Majesty, who is naturalized, or made a free denizen, shall act as a 
merchant or factor in any of the plantations, upon pain of losing all his 
goods and chattels.-]' 

3. Foreign goods imported into Great Britain. —No goods or commo¬ 
dities whatever, of the growth or manufacture of Africa, Asia, and 
America, shall be imported into England, Ireland, Wales, Guernsey, 
Jersey, or Town of Berwick-upon-Tweed, in any-other ships biit those 
belonging to the said places, or to the plantations, or navigated as afore¬ 
said, under the penalty of forfeiting ship and cargo. 

4. Foreign goods imported from the place of their grozuih , 8zc. — No 
goods or commodities of a foreign growth or manufacture, which are to 
be brought into England, Ireland, Wales, Guernsey, Jersey, or Town 
of Berwick-upon-Tweed, in ships appertaining to his Majesty's subjects, 
shall be brought but from the places of their manufacture and growth, 
upon forfeiture of the said goods and ship.j 

* By 43 Geo. III. c. 64 , this part of the Navigation A A is, for a time, altered : it 
enacts, that, during the present war, and no longer, (except in respect to such merchant* 
ships which shall be on their voyage before the determination of the war, who shall be 
allowed to return home navigated as hereinafter mentioned,) merchant-ships may be 
navigated by foreign seamen, so as the number of such foreign seamen docs not exceed 
three-fourths of the mariners employed, and that one-fourth be, at all times, natives or 
naturalized subjects of Great Britain (fuddei death and hazard, and casualties of war 
and the seas excepted). — And, by 37 Geo. III. c. 117 , passed 19 July, 1797 , this clause 
(formerly given in 33 Geo. III. c. 64 ) has been farther modified, with respect to the 
East-India made : for, it is there enacted, that ships and vessels, of countries and states 
in amity with Great Britain, may import into, and export out of, the British possessions 
in India such goods, &c. as they Shail be permitted so to do by the Eaft-India directors ; 
and this to conrinue during the Company’s exclusive trade. And, likewise, by 4 z Geo. 
III. c. 61 , during war, three-fourths of the crew may be foreigners on board any lush 
merchant-ship or privateer. 

•f* But aliens, not naturalized nor made free denizens, who shall reside in any island 
or place which has or may hereafter surrender and be in his Majesty’s possession in the 
West Indies, and wh shall have taken the oath of fidelity and allegiance, may exerc se 
the trade and occupation of a merchant or factor in any such island or place. 34 Geo. III. 
c. 42 . § 6 . 

I By 2 Will, and Mary, sess. 1 , c. 69 , thrown silk, tfie growth or production of Tur¬ 
key, Persia, East India, China, or any other country, except Italy, Sicily, or Naples, 
fs prohibited from being imported. And, by 7 Anne, c- 8 , § 12 , Jesuit’s Barky Sarr 
saparillay Bpluon of Peru and Tolu, and all other American Drugs, may be imported 
from any of the American plantations, though not the. places oi their growth. 1 Geo. I. 
ft. 2 , c. 18 , § IQ. 

Y 2 


f,. Fisk 


Navigation acts. 




5. Fish, foreign-taken, —All sorts of ling, stockfish, pilchards, cod, 
and herring, or any other kind of dried or salt fish, * usually caught by 
the people of England, Ireland, Wales, or town of Berwick-upon- 
Tweed, or any fish-oil or blubber, whale-fins or whale-bones,f not im¬ 
ported by ships belongng to the said places, shall pay double aliens custom. 

6. Ships in the coasting-trade. — It shall not be lawful for any vessel, 
in which any stranger (not denizened or naturalized) is an owner, or 
that is not navigated by an English master and three-fourths English 
sailors; to carry any sort of goods and commodities from any port or 
creek of England, Ireland, Wales, Guernsey, Jersey, or town of Ber^- 
wick-upon-Tweed, to another port or creek of the same, under the 
forfeiture of ship and cargo. 

7. Hozo British-built ships must be navigated . —When any ease, abate¬ 
ment, or privilege, is given, in the book of rates, to goods or commo¬ 
dities imported or exported in British-built shipping, it shall extend 
only to such as are navigated with a master and three-fourths of the 
sailors English; and the true meaning, in such cases, is, that they be such 
during the whole voyage, unless incases of sickness, death, or being taken 
prisoners; to be proved by the oath of the master, or other chief officer. 

8. Goods of Muscovy and Turkey. —No goods or commodities of the 
growth or manufacture of Muscovy, or any of the dominions of t^e em¬ 
peror thereof, or any sorts of masts, timber, or boards, foreign salt, 
pitch, tar, rosin, hemp,‘or flax, raisins, figs, v prunes, olive-oils, nor 
any sort of corn or grain, sugar, pot-ashes, wines, vinegar, or spirits 
called aqua vitae, or brandy-wine, shall be imported into England, 
Ireland, Wales, or town or Berwick-upon-Tweed, in any ships but 
such as belong to the people thereof, and navigated as before-mention¬ 
ed ; and no currants, nor any other commodities of the growth and 
manufacture cf any part of the Turkish empire, shall be imported into 
any of the afore-mentioned places in any but English-built ships, and 
navigated as aforesaid, except only in such foreign ships as are built of 
that country or place of which the said goods are the growth or manu¬ 
facture, or of such port where the said goods can only be, or most 
usually are, first shipped lor transportation, and whereof the master and 
thrdfe-fourths of the mariners at least are of the said country or place, 
under the forfeiture of ship and goods .% 

* Fish, except stockfish, live eels, anchovies, sturgeon, botargo, or cavear, foreign 
taken, ar.d imported in foreign ships, forfeited, and the ship, io and ii Will. IiT. 
c. 24, § 13, 14. Lobsters and turbots may be imported by foreigners, I Geo. I. ft. 2, 
c. 18, § ro. 

f Foreigners, resident in England, may, during their refidence, trade to Greenland, 
Newfoundland, &c. and import oil, blubber, and fins, free of duty. 25 Cha.lt. c. 7, § 1, 

+ By 43 Geo. III. c. 153, parted 12 August, 1803, a modification of this clause 
has been marie, and to continue till six months from the conclusion of the present War, 
by the ratification of a definitive treaty of peace; by which, persons, who are free • of 
the Turkey Company, may import goods which have been heretofore imported from 
Turkey, Egypt, &c. any of the dominions of the Grand Seignor within the Levant seas, 
from any place whatsoever, in ships either British-built, or belonging to any state in 
amity with Great Britain. 

And goods, which have heretofore been usually imported from places within the Streights 
of Gibraltar, (except the goods mentioned in the preceding paragraph from the Grand 
Seignor’s dominions,) may be imported by any persons whatsoever, in ships either 
British-built, or belonging to any state in amity with Great Britain. 

The act last mentioned also permits, until six rrionths after the ratification of a dcf> 
nitive treaty of peace, the importation, into the United Kingdom, of fax and flax - 
feed, from 'any place, in vessels of any country in amity ; likewise, for the same pe¬ 
riod, the importation, into the port of London, of organzined thrown silk of Italy, 
upon certain conditions, Sec §. 1 & 2, of the act. 


9. Aliens 


NAVIGATION ACTS, 


32 5 


9. Aliens goods. — And, to prevent the great frauds daily used in 
colouring and concealing aliens goods, all wines of the growth of France 
or Germany, imported into any of the ports or places aforesaid, in any 
•other ships but those belonging to them, and navigated with the mariners 
thereof, shall be deemed aliens goods, and 'pay customs accordingly. 
And all sorts of masts, timber, or boards, as also all foreign salts, pitch, 
tar, rosin, hemp, flax, raisins, figs, prunes, olive-oils, all sorts of corn 
or grain, sugar, pot-ashes, spirits Commonly called brandy-wine, or 
aqua vitas, wines of the growth of Spain, the Canaries, Portugal, Ma¬ 
deira, or Western Islands, and all goods of the growth or manufacture 
of MuscoVy or Russia, imported into any of the aforesaid places, in . 
any other than such shipping, and so navigated ; and all currants and 
Turkey commodities, imported into any of the places aforesaid, in any 
other than English-built shipping, and navigated as aforesaid; shall be 
deemed aliens goods, and pay accordingly. 

10 and 11. These sections relate to the purchasing of foreign-built 
ships, and to the requisites for their being deemed English ships; but 
the regulations have been repealed by the 26 Geo. III. c. 60, hereafter. 

12. Goods from the Straits. —This section provides, that nothing in 
this act contained shall extend, or be meant, to restrain or prohibit the 
importation of any of the commodities of the Straits or Levant seas, 
loaden in English-built shipping, and whereof the master and three- 
fourths of the mariners at least be English, from the usual port or places 
for lading of them heretofore, within the said Straits or Levant seas, 
though the said commodities be not of the growth of the said places.* 

13. East India commodities .—Provided also, that nothing in this act 
contained shall extend to restrain the importation of any East-India 
commodities, laden in English-built shipping, and whereof the master 
and three-fourths of the mariners are English, from the usual places for 
lading them in any part of those seas to the southward and eastward of 
Capo Bona Speranza, (or Cape of Good Hope,) although the said 
ports be not the very places of their growth. 

14. Goods from Spain, Portugal , the Azores, Madeira, or Canary. — 
Provided also, that it shall be lawful for any of the people of England, 
Ireland, Wales, Guernsey, Jersey, or Berwick-upon-Tweed, in their 
ships, navigated with a master and three-fourths English sailors, to bring 
in, from any of the ports of Spain,f Portugal, the Azores, Madeira, or 
Canary island*, all sorts of goods or commodities of the growth or ma- * 
nufacture' of any of them. 

15. Bullion and Prize-goods. — Frovided that this act extend not to ) 
bullion, nor yet to any goods taken, by way of reprisal, by any English 
ship, navigated as before-mentioned, and with his Majesty’s com¬ 
mission. 

16. Corn, salt, and fish, of Scotland: sea-oil ofBussia. — Provided also, 
that this act shall not extend to lay aliens duties upon any corn of the 
growth of Scotland,!; or any salt made there, or any fish caught and 
cured by the people of that kingdom, and imported directly thence in 
Scotch-built vessels, whereof the master and three-fourths oi the mari¬ 
ners are of his Majesty’s subjects; nor to any sca-oil ol Russia, iui- 

* By the 6 Geo. III. c. 14, this .section is repealed so far as extends to the import.!-* 
tion of raw silk and mohair-yarn, the production of Asia. 

f By the 6 Anne, c. 33, made perpetual by the iz Anne, st. 1, c. 18, § 3, cochi¬ 
neal may be brought from Spain in any ship in amity. 

J Scotch subjects and ships arc accounted English by the Aft of Uniop, 5 Anne, 

C. 8* 


326 


NAVIGATION ACTS. 


ported thence into England, Ireland, Wales, or Berwick-upon-Tweed, 
m shipping thereunto belonging, and navigated as aforesaid. 

17. Tonnage on French ships. — Every vessel belon ing toany French 
subject, which shall come into England, Ireland, Wales, or Berwick- 
upon-Tweed, and there lade or unlade any goods or commodities, or 
lake in, or set on shore, any passengers, shali pay, to the collector of 
his Majesty’s customs in such port, 6c. for every ton of the ship’s bur¬ 
den, to be computed by the officer thereunto appointed, the sum of 
five shillings* of current money of England ; and that no such ship be 
suffered to depart out of *uch port, &c. until the said duty be fully paid. 

18. Sugars, rjc. o) the plantations. — No sugars, tobacco, cotton, woof, 
indigo, ginger, fustic, or other dying-wood, of the growth or manufac¬ 
ture of any English plantations in America, Asia, or Africa, shall be 
carried, from any of the said English plantations, to any place whatso¬ 
ever, other than to other English plantations, or to England, Ireland, 
Wales, or Berwick-upon-Tweed, there to be laid on shore, under the 
forfeiture of ship and goods.f 

19. Sureties to be given by ships going to the plantations. —And for every 
ship, which shall set out from England, Ireland, Wales, or Berwick- 
upon-Tweed, for any English plantation, sufficient bond shall be given, 
with one surety, to the chief officers of the custom-house of such port 
whence the said ship shall sail, to the value of one thousand pounds, if 
the said ship be of .less burden than one hundred tons, and of two thou¬ 
sand pounds if the ship shall be of greater burden : that, in case the 
said ship shall load any of the said commodities at any of the said English 
plantations, the same commodities shall be brought by the said ship to 
some port of England, Ireland, Wales, or to the port of Berwick-upon- 
Tweed, and shall there put on shore the same, the danger of the seas 
only excepted: and for all ships coming from any other port or place to 
any of the aforesaid plantations, which, by this act, are permitted to 
trade there, that the governor of such English , plantations shall, before 
thf3 said ship be permitted to load any of the said commodities, take 
bond, in the manner and to the value aforesaid, that such ship shall carry 
all the aforesaid goods, so laden on-board, to some other English plan¬ 
tation, or to England, Ireland, Wales, pr Berwiqk-upon-Tvveed; ,;nd 
that every ship, which shall load any of the aforesaid goods, until such 
bond be given to the governor, or certificate produced, from the officers 
of any custom-house in England, &c. that such bonds have been there 
duly given, shall be forfeited; and the said governors shall, twice in 
every year, return true copies of all such bonds to the chief officer of 
the customs, in London. 


An Abstract of an Act for the farther Increase and Encouragement of Ship¬ 
ping and Navigation, 26 Geo. III. c 60. 

Sec. 1 What, ships shali be deemed British-built. — From the First of 
August, 1786, no ship or vessel foreign-built, (except such as have been 
Condemned as lavyful prize in any court of Admiralty,!) nor any ship or 

* This duty ceases by the' irth article of the Treaty of Commerce, concluded at 
Utre. ht the 31st of March, 1713. 

f This regulation is extended to rice and mclasses, by 3 and 4 Anne, c. 5, § 12 ; 
and to copper ore, by the S Geo. 1 . c. r<), § 22. 

+ See, however, at the end of this chapter, the aft of 34 Geo. III. c. 42, entitling, 
certain foreign sh.ps to the privileges of prize-ships. And see, likewise, the act 35' 
Xico. III. c. 92, for the encouragement or the Southern Whale Fishery. 

vessel 


NAVIGATION ACTS. 


32 ? 


vessel built or rebuilt upon any foreign-made keel or bottom, in the man¬ 
ner heretofore practised and allowed, although owned by British sub¬ 
jects, and navigated according to law, shall be any longer entitled to 
any of the privileges of a British-built ship, or of a ship owned by British 
subjects, and that all the said privileges and advantages shall hereafter 
be confined to mch hips only as are wholly of the built of Great Britain, 
oi Ireland, Guernsey, Jersey, and the Isle of Man, or of some of the 
colonies, plantations, islands, or territories, in Asia, Africa^ or Ame¬ 
rica, which now, or at the time of building such ships or vessels, or 
which may hereafter, belong to his Majesty.* Proviso, that nothing 
shall extend to prohibit such foreign-built ships or vessels as, before the 
first of May, 1786, did truly and wholly belong to any British subjects, 
as the proprietors thereof, ifnd which shall be navigated according to 
Jaw, and registered, from continuing to enjoy the privileges they have 
hitherto enjoyed, or from importing or exporting such goods as may now 
be legally imported or exported by such ships or vessels, into and from 
such ports and places as are now by law allowed, and under such rules 
and regulations as have heretofore been made, touching such foreign- 
built ships or vessels, and subject to all such duties as have been im¬ 
posed on any goods imported or exported in such foreign built ships 
or vessels, by any act of parliament. Proviso, that nothing shall 
extend to deprive any ship or vessel which, before the passing of 
this act, hath been built or re-built upon any foreign-made keel or bot¬ 
tom, and which, before the said first of May, 1786, was duly regis¬ 
tered as a British ship, from continuing to enjoy any privileges to which 
such ship or vessel is by any law entitled ; nor to prevent any such/ship 
or vessel, which shall have been begun to be repaired or re-built before 
the said first of May, 1786, from being registered according to this 
act, by an order under the hands of the commissioners of his Majesty’s 
customs in England, or four or more of them, or of the commissioners 
of his Majesty’s customs in Scotland, or three or more of them, if it shall 
be made appear, to the satisfaction of the said commissioners, upon 
oath, “ That such ship or vessel was stranded by the act of Providence, 
and not with a fraudulent intent, and was, at the time of being so strand¬ 
ed, the sole property of some foreigner or foreigners : or that such ship 
or vessel was a droit of admiralty; and it be, in like manner, fully and 
clearly ascertained, that the said ship or vessel, from the damage received, 
was rendered unfit to proceed to sea without undergoing a thorough 
repair in this kingdom, and that she was necessarily sold for the benefit 
of the foreign owner or owners, or, being droit of admiralty, was sold 
by virtue and under the authority of an order or commission from the 
court of admiralty, and that she was fairly and openly purchased by a 
British subject or subjects ; and, being the sole entire property of such 
British subject or subjects, that she liad been so muen repaired, that 
two-thirds of her at least are of British-hyilt.” 

2. British ships repaired abroad, — From the first of August, 1786, no 
ship or vessel shall be deemed British-built, or enjoy the privileges there¬ 
unto belonging, which shall be rebuilt or repaired in any foreign port 
or place, if such repairs shall exceed fifteen shillings for every ton, ao 
cording to admeasurement, unless such repairs shall be necessary, by 

* During the lare war, which ceased in iSoz, and for cightc n months after its con¬ 
clusion, ships* arriving from the East Indks, on account of the India Company, were 
permitted to enter their goods, though rot B.fish-built, if built within the territories 
belonging to the Company, or in the ports under the immediate prelection of the British 
flag in the East ladies; aud to export goods to the East Indies. • 35 Geo, Ilf. c. 115. 

Y 4 reason 


32$ 


NAVIGATION ACTS. 


reason of extraordinary damage sustained during the absence of such shi* 
or vessel from his Majesty’s dominions, to enable her to perform her 
Voyage* and return in safety to some port or place of the said dominions; 
and before such ship or vessel shall be repaired, so as to exceed the sum 
aforesaid, the master or commander thereof shall report the state and 
condition of the same, upon oath, to the British consul, or other chief 
British officer at the port where it shall be necessary to repair such ship* 
and cause the same to be surveyed by two persons, to be approved ot 
by such consul or chief British officer ; and deliver to such consul or 
chief British officer, in writing, the particulars of the damage sustained, 
and verify, upon oath, the particulars and amount of the repairs, and 
that the same were become necessary, in consequence of damage sus¬ 
tained during her voyage, to enable such ship or vessel to prosecute the 
voyage then intended, and to return to some port of his Majesty’s do¬ 
minions, which the said consul or chief British officer is required to 
Certify under his hand or seal; and, if there shall not be any British 
consul or chief British officer resident at or near the port or place where 
such repairs may be necessary, then that such survey shall be made by 
two persons, to be approved of by two known British merchants resi¬ 
ding at or near such port or place : and that such master or commander 
of such ship shall produce, to such merchants, vouchers of,the particu¬ 
lars and amount of the repairs, and their certificate shall be of the like 
force and effect as that of the British consul or chief British officer: and, 
in case any ship or vessel shall, after the said first of August, 17 86, be 
repaired in any foreign port or place, the master or commander thereof 
shall make oath, before the collector and comptroller, or other principal 
officer of the customs, in the first port of arrival, (if required of them so 
to do,) describing the nature and amount of such repairs; and, if such 
expense shall exceed 15s. per ton of the admeasurement of such ship, 
and the said master or commander thereof shall neglect or refuse to deli¬ 
ver to such collector or comptroller, or principal officer of the customs, 
the certificate so required to be produced, the said.ship or vessel shall 
be deemed a foreign-built ship or vessel to all intents and purposes. 

3. Registering of decked vessels, or vessels above 15 tons. — Every ship 
or vessel having a deck, or being of the burthen of fifteen tons or up¬ 
wards, belonging to any of the subjects of Great Britain, or Guernsey, 
Jersey, and the Isle of Man, or any of the aforesaid colonies, planta¬ 
tions, islands, or territories, shall, from the respective times herein¬ 
after expressed, be registered in the manner hereafter mentioned ; and 
that the person or persons claiming property therein shall cause the same 
to be registered, and obtain a certificate of such registry from the col¬ 
lector and comproller of his Majesty’s customs in Great Britain or the 
Isle of Man, or from the governor, lieutenant-governor, or commander- 
in-chief, and principal officer or officers of his Majesty’s revenue of cus¬ 
toms, residing in the islands of Guernsey or Jersey, or in any of the 
said colonies, plantations, islands, or territories, respectively ; and that 
the form of such certificate shall be as follows, viz. 

“ In pursuance of an act passed in the Twenty-sixth year of the reign of King George 
the Third, entitled, An Act [herein insert the title of the act, the names , occupation, and 
residence, of the subscribing owners,] having taken and subscribed the oath required by 
this act, and having sworn that he, [or they,] together with [names, occupation, and 
residence, of non-subscribing owners,] is, [or are,] sole owner, [or owners,] of the ship 
or vessel called the i[i///p'i name,] of [place t'> which the vessel belongs,] whereof [mas¬ 
ter's name] isatpresenr master, and t hat the said ship or vessel was [when and where 
built Or captured, and date of condemnation ;] and [name and employtnent of the surveying 
officer] having certihcd to us that the said ship or vessel is [whether British, foreign. 


NAVIGATION ACTS. 


329 


•r Sutish-plantatton, built,] ha s [number of decks^] decks and [number of masts] masts, 
and that her length, from the fore-part of the main stem to the after-part of the stern- 
post aloft, is [number of feet and inches ,] her breadth, at the broadest part, whether 
above or below the main-whales, [number of feet and inches,"] her height between decks 
[number oj feet and inches, if more than one deck,' if not, then ] the depth of the hold, 
[number of feet and inches,] and admeasures [burthen] tons, that she is a [kind of ves¬ 
sel, and how built ,] has [whether any or no gallery] gallery, and [head, if any] head; 
and the subscribing owners, having consented and agreed to the above description and 
admeasurement, and having caused sufficient security to be given, as is required by the 
said act, the said [kind and name of the vessel] has been duly registered at the port of 
[name of the port. J 

** Given under our hands and seals of office, at the Custom-house, in the said 
port of [name of the port,] this [dale] day of [name of the month,] i& 

,the year [words at length.]** 

4. Where registry is to be made. —No registry shall be made, or certi¬ 
ficate granted, in any other port than the port to which such ship or 
vessel shall properly belong, except so far as relates to such as shall be 
condemned as prizes in any of the islands of Guernsey, Jersey, or Man, 
which shall in future be registered in the manner herein-after directed ; 
but that every registry and certificate, granted in any port to which any 
such ship or vessel does not belong, shall be void, unless the officers 
shall be specially authorized to make such registry, and grant such cer¬ 
tificate, by an order, in writing, under the hands of any four or more 
of the commissioners of the customs in Scotland. 

5. IVhat-shall be deemed to be the port to which a ship belongs. — The 
port, to which any ship or vessel shall hereafter be deemed to belong, 
shall be the port from and to which the same shall usually trade, or, 
(being a new ship,) shall intend so to trade, at or near which the hus¬ 
band, or acting owners, usually resides or reside. 

6. Vessels not requiring registry. —Provided always, that nothing shall 
extend to require to be registered any ship or vessel of war, or any other 
vessel, of whatever built or description the same may be, being the 
property of his Majesty, or the royal family, or a:ny of them, or any 
lighters, barges, boats, or vessel, of any built or description whatever, 
used solely in rivers or inland navigation.* 

7. Vessels of the United States of America. —That no ship or vessel, 
built in the United States of America, during the time that any act of 
parliament, prohibiting trade and intercourse with the same, was in 
force, nor any ship or vessel which was owned by, or belonging to, 
their subjects,, during the existence of those acts, and not registered 
before the commencement thereof, is or shall be entitled to be registered, 
or to any of the privileges of a British-built ship or vessel, unless such 
ship or vessel shall have been taken and condemned as lawful prize, or, 
having been stranded, shall have been built or re-built, and registered 
in the manner before practised and allowed. 

8. British subjects resident abroad. — That no subject of his Majesty, 
whose residence is in any foreign country, shall be entitled, during the 
time he .shall continue so to reside, to be a whole or part owner of any 
British ship or vessel required to be registered by this act, unless he be 
a member of some British factory, or agent for, or partner in, any house 
or copartnership carrying on trade in Great Britain or Ireland. 

9 and 10. Oath to be taken before registry. — The oath directed by the 
7 and 8 Will, III. to be taken on registering the ships and vessels 

* Lighters, he. Used in inland navigation are now to be reg stcrcd, by the 35 Geo, 
Hi. c. 58, which is inserted ill a subsequent part of this work. 


therein- 


330 


/ 


NAVIGATION ACTS. 


therein-described, is hereby repealed. Bat no registry shall be made, 
or certificate granted, until the following oath be taken and subscribed, 
before the persons herein-before authorise,, to make such registry, and 
grant such ce’tificate, by the owner of such ship or vessel, if the same 
belong to one person only ; or, in case the e shall be two joint owners, 
then by both of them, if both be resident within twenty miles of the 
port where such . egist r y is required, or by one of such owners, if one 
or both be resident at a g eater distance; or, if the number of such 
owners shall exceed tw o, then by the greater number of them, if the 
greater number shall be resident within twenty miles of such port, not 
exceeding three of such owners, or by one of such owners, if all shall 
be resident at a greater distance. 

t 

I, A. B. of [-place of residence and occupation] do make oath, that the ship or vessel 
[name,] of [port or place, j whereof [master’s name] is at present master, being [kind 
of built, burthen, &c. as described in the certificate of the survtying-offcers ,] was [ when 
and where built , or, if prize, capture , and condemnation ;J and that I, the said A- B. 
[and the owners nam-s and -occupation, t if ay, and where they respectively reside , viz. 
town , place, or parish, and county ; or, if member of, and resident in, any factory in fo¬ 
reign parts , or in any foreign town or city, being an agent for, or partner in, any house Or 
co-part nersh'p actually carrying on trad: in Great Britain or Ireland, the name of such far- 
tory, foreign town , or city , and the names of such house or co-partnership ,] am [or are} 
sole owne, [or owners] of the said vessel, and that no other person or person s whatever 
hath or have any right, title, interest, share, or property, therein or thereto; and that 
I, the said A . B. [and the said other o wners , if any ,] am [or are] truly and bona fide 
a subject [or subjects] of Great Britain : and that I, the said A■ B. have not, [nor have 
any of the other owners, to the best of my knowledge and belief,] taken the oath of allegi¬ 
ance to any foreign stare whatever, [except under the terms of some capitulation, describing 
the particulars thereoff\ or that since my taking [or his or their taking] the oath of al¬ 
legiance to [naming the foreign states respective! y to which he or any of the said owners 
shall have taken the same,] and prior to the passing of an act in the twenty-sixth year of 
the reign ot King George the Third, entitleu, An Act for the farther Increase and En¬ 
couragement of Shipping and Navigation , I have [or he or they hath or have] become a 
subject [or subjects] of Great Britain, [either by his Majesty’s letters patent , as a denizen 
or denizens , or naturalized by act of parliament, as the case may be, naming the dates of the 
letters of denization, or the act or acts of parliament for naturalization, respectively,] or 
pj the case may be] I have [or he or they hath or have] become a denizen [or denizens, 
cr naturalized subject or subjects, as the ease may be,] of Great Britain, by his Majesty’s 
letters patent, or by an act of parliament passed since the first day of January, one 
thousand seven hundred and eighty-six, [naming the times when such letters of denization 
have bten granted respectively , or the year or years in which such act or acts for naturaliza¬ 
tion have passed respectively ] and that no foreigner, directly or indirectly, hath any 
share, or part, or interest, in the said ship or vessel. 


11. If three or more owners .—In case the owners shall amount to 
three or more, and three of such owners shall not personally attend to. 
take and subscribe the oath directed, then such owner or owners as shall 
attend, and take and subscribe the oath, shall farther make oath, that 
the part-owner or part-owners, then absent, is or are not resident within 
twenty miles, and hath or have not, to his knowledge or belief, wil¬ 
fully absented, in order to avoid the taking the said oath, or is or are 
prevented by illness. 

12. Ship to be surveyed before registry. — And, to enable the proper 
officer to grant a certificate, accurately describing every ship or vessel, 
and to enable all other officers, on due examination, to discover whether 
such ship or vessel is the same for which a certificate is alleged to have 
been granted, it is enacted, that, previous to the registering of any 
certificate, some one or more person or persons, appointed by the com¬ 
missioners of customs in England or Scotland, or by the governor, lieu¬ 
tenant-governor, or commander-in-chief, in the islands of Guernsey, 

Jersey, 


NAVIGATION ACTS. 


331 


Jersey, and Man, and of the colonies, plantations, islands, or territo¬ 
ries, aforesaid, shall go on-boa cl such ship or vessel as is to be regis-' 
tered, and si ictly acinieasu.e the same, in presence 'of the master, 01 of 
any other person appointed for that purpose on the part of the owner or 
owners* or, in his or then absence, by the said master; and shall deli- 
ve. a t:ue account, in writing, of all such particulars* of the built, de¬ 
scription, and admeasurement, of such ship or vessel, as are specified 
in the certificate, to the person authorised to make such regist y ; and 
the said master, o: pe son attending on the part of the owners, is hereby 
required to sign his name to the certificate of such surveying-officer, 
provided such master o< other person, shall consent and agree to the 
several particulars set forth therein. 

13. Surveying or registering officer misbehaving. — If such person, sq 
appointed to admeasure such ships or vessels, shall wilfully deliver a 
false description of any of the particulars required, or if any person, 
he ein-befbru authorised to make such registry and grant ce; tificates, 
shall knowingly make any false register, or grant any false certificates, 
in r-egard to any of the particulars required, he or they, on conviction 
thereof, shall respectively forfeit 100/. and be for ever incapable of 
holding any office under his Majesty. 

14. To ascertain the tonnage zvhen afloat. —Where it may be necessary 
to ascertain the tonnage of any such ship or vessels when afloat, the fol¬ 
lowing method shall be observed, viz. drop a plumb-line over the stern 
of the shfp, and measure the distance b tween such line and the after- 
part of the stern-post at the load-water mark; then measure from the top 
of the said plumb-line, in a parallel direction with die water, to a per¬ 
pendicular point immediately over the load-water mark, at the fore¬ 
part of the main-stern ; subtracting from such admeasurement the above 
distance, the remainder wih be the ship’s extreme length, from which 
are to be deducted 3 inches for every foot of the load-draught of water 
for the rake abaft, and also 3-5ths of the shipV breadth.for the rake 
forward; the remainder shall ; be esteemed the just length of the keel 
to find the tonnage; and the breadth shall be taken from outside to 
outside of the plank, in the broadest part of the ship,, either above or 
below the main whales, exclusive of all manner of sheathing or 
doubling that may be wrought upon the side of the ship; then, mul¬ 
tiply :ng the length of the keel for tonnage by the breadth so taken,, 
and that product by half the breadth, and, dividing by 94, the quotient 
shall be deemed tiie true contents of the tonnage. Provided; that nothing 
herein shall be construed to alter the manner of admeasuring the tonnage 
of any ships which has heretofore'been practised, for the purpose of 
ascertaining the light-duties, or any otebr duties or imposts payable 
according to the tonnage of any ship or vessel. 

15. Bond to be given upon registering. — At the time of obtaining the. 
certificate of registry,* bond shall be given to his Majesty by the 
piaster and such of the owners as shall attend, in the penalties follow¬ 
ing, viz. if such ship or vessel be a deckcn vessel, or above I 5 tons, 
and not exceeding 50 tons, in the penalty of .£'100 ; if exceeding 50, 
and not 100 tons, in £ 300; if exceeding 100, and not 200 tons, in 
c£ 500; if exceeding 200 and not 300 tons, in. £ '800; and, if exceed¬ 
ing 300 tons, in £1090; and the condition of every such bond shall 

# This bond mav be taken by any person anthorneo. for that purpose by the com¬ 
mit toners of customs, &c. 27 Geo. 111 . c *9, §.6. 

/..id a most, be given upon every change of the master as well as at the time of 
registry. 27 Geo. III. c. 19, §. 7. 


NAVIGATION ACTS. 


SSf 

he, that such certificate shall not be sold, lent, or otherwise disposed 
of, to any person or persons whatever, and that the same shall be 
solely made use of for the service of the ship or vessel for which it 
is granted : and that, in case such ship shall be lost, or taken by the 
enemy, burnt, or broken up, or otherwise prevented from returning 
to the port to which she belongs, the certificate, if preserved, shall be 
delivered up, within one month after the arrival of the master in any 
port or place in his Majesty’s dominions, to the collector or comp¬ 
troller of some port in Great Britain, or the Isle of Man, or of the 
British plantations, or to the governor, lieutenant-governor, or com¬ 
mander-! n-chief, for the time being, of the islands of Guernsey or 
Jersey : and that, if any foreigner, or any person or persons' tor his use 
and benefit, shall purchase, or otherwise become entitled to, the whole 
or any part or share of, or any Interest in, such ship or vessel, and 
the same shall be within the limits of any port in Great Britain, 
Guernsey, Jersey, Man, or the British colonies, plantations, islands, 
or territories, aforesaid, then, in such ease> the certificate Or registry 
shall, within seven days after such purchase or transfer of property in 
such ship or vessel, be delivered up to the person or persons herein-be- 
fore authorised to make registry, and grant certificates of registry, at 
such port or place respectively as aforesaid ; and, if such ship or vessel 
shall be in any foreign port when such purchase or transfer shall take 
place, then that the same shall be delivered up to the Britisjj consul, or 
other chief British officer, resident at or nearest to such foreign port; 
or, if such ship or vessel shall be at sea when such purchase or tranter of 
interest or property shall take place, then that the same shall be de¬ 
livered up to the British consul, or other chief British officer, at the 
foreign port or place in or at which the master, or other person, having 
or taking the charge or command of such ship or vessel, shall first ar¬ 
rive after such purchase or transfer of property at sea, immediately 
after his arrival at such foreign port; but, if such master, or other per¬ 
son, who had the command thereof at the time of such purchase or 
transfer of property at sea, shall not arrive at a foreign port, but shall 
arrive at some port of Great Britain, Guernsey, Jersey, Man, or his 
Majesty’s said colonies, plantations, islands, or territories, then that 
the same shall be delivered up, in manner aforesaid, within fourteen 
days after the arrival of such ship or vessel, or of the person who 
had the. command thereof, in any port of Guernsey, Jersey, Man, or 
any of his Majety’s said colonies, plantations, islands, or territories. 
And that, if any pass, commonly called, A Mediterranean Pass, shall 
have been obtained or procured for any such ship or vessel, then, and 
in such case, the same shall be delivered up at the same time, and 
in like manner, with the certificate of registry aforesaid, to the per¬ 
son or persons herein-before authorised to receive such certificate of 
registry. And such certificates, so delivered up, spall forthwith be 
transmitted to the commissioners of his Majesty’s customs in England 
and Scotland respectively; and such Mediterranean passes shall also 
be transmitted to the commissioners for executing the office of Lord 
High Admiral of Great Britain, by the person or persons herein-be- 
fore authorised to receive such certificate and passes, in order that 
the same may be cancelled. 

16. Indorsement on the certificate of registry. — Besides the indorse¬ 
ment required by the 7 and 8 Will. III. c. 22, § 21,* .there shall 

also 

* The words of this section of the 7 and 8 Will. III. c. 22, arc these: “ That, in 
case there be any alteration of property in the same port ; by the stile of one or more 

sha^e 


NAVIGATION ACTS. 


. a!?o be indorsed on the certificate of registry, before two witnesses, 
the town, place, or parish, where all persons, to whom the property- 
in any ship or vessel shall be transferred, shall reside; or, if such 
persons usually reside in any foreign country, but in some British 
factory, the name of. such factory of which such persons are members; 
or, if. such person or persons reside* in any foreign town or city, 
and are not members of some British factory, the name of such fo¬ 
reign town or city, and also the names of the house or co-partner¬ 
ship, in Great Britain or Ireland, for or with whom such arc agents 
or partners; and the person to whom the property of such ship or 
vessel shall be so transferred, or his agent, shall deliver a copy of 
such indorsement to the person authorised to make registry, who is 
required to cause an entry to be indorsed on the oath or affidavit upon 
which the original certificate of registry of such ship or vessel was 
obtained ; and also to make a memorandum in the book of registers, 
and forthwith give notice to the commissioners of his Majesty’s customs 
in England or Scotland, under whom they respectively act. 

17. Transfer of property in any ship. — That so often as the property 
in any ship or vessel,* belonging to his Majesty’s subject':, shall be 

transferred, 

share or shares in any ship after registering thereof, such safe shall always be ac¬ 
knowledged by indorsement on the certificate of the register, before two witnesses, 
in order to prove thaL.the entire property in such ship remains to some of the subjects 
©f England, if any dispute arise concerning the same.” And, by 34 Geo. 111 . 
c. 68, §. 15, for Great Britain, and 42, Geo. III. c. 61, §. 17, for Ireland, it is 
enacted, that this indorsement shall be in the following form, viz. 

“ Be it remembered, Th;)t [I or we] fames, residence, and occupation , of the per¬ 
sons selling] have this day sold and transferred all [any or our] light, share, or 
interest, in and to the ship or .vessel [name of the ship or 'vessel ,] mentioned 
within the certificate of registry, unto [names, residence , and occupation, of the 
purchasers ;] witness [my or our hand or hands, j this [ date in words at full 
length. ] 

1 ' Signed in the presence of 

[Two witnesses 

Which indorsement shall be signed by the person or persons transferring the property 
of the said ship or vessel, or by some person legally authorised for that purpose. 

* The 34 G eo. III. c. 68, §. 14, and 42 Geo. III. c. 61, §.cz, declare, that no transfer, 
er agreement for transfer, of the property in any ship or vessel, in the whole or in part, 
shall be made but by bill of sale or instrument in writing, containing the recital above- 
mentioned. And, it is farther provided, by § x6, of the former act, and § 18, of the latter, 
that, if the ship be at sea when such alteration in the property be made, so that an in¬ 
dorsement and certificate cannot be immediately made, the sale, or coHrtract for sale, 
shall, notwithstanding, be made by some instrument in writing, and a copy thereof 
shall be delivered to the person authorised to make registry, who is to indorse an 
entry thereof on the oath or affidavit, make a memorandum in the book of registers, 
and give notice to the commissioners of customs, as before directed. And, within 
ten days after the ship returns to pprt, an indorsement shall be made on the certificate 
er registry, and a copy thereof delivered as before-mentioned, otherwise such sale to 
be void. Bv S. 17, of the same act, and 42 Geo. III. c. fir, §. 19, it is enacted, that, 
where the owner of any ship shall, at the time of transferring the property in any ship 
or vessel, reside in any country, not under the dominion of his Majesty, either as a 
member of some British factory, as agent for or partner in any house or co-partner¬ 
ship carrying on trade in Great Britain or Ireland, fo that an indorsement. See. or such 
bill of sale, cannot be immediately made, the same may be done at any time within 
six months after such transfer: and then, within ten days after the owner or his agent 
arriving in this kingdom, (if the ship be in any part thereof, and, if not, then within 
ten days after such ship’s.arrival,) an indorsement on the certificate.of registry shall 
be made, &c. as before, directed. The act last mentioned (extending these regula¬ 
tions to Ireland) allows, as above, due notice, See. to be given within six months 
after such transfer: and, then, within twenty days after the owner or his agent ar¬ 
riving in the United Kingdom, if the ship be in any port of Ir eland y and, if not 

within 


334 


NAVIGATION ACTS. 


transferred, in whole or in part, the certificate of the registry of the 
same, shall be recited, in words at length, in the bill or instrument 

of 

within twenty days after she shall so arrive. When property in any shipcr vessel be¬ 
longing to any of his Majesty’s subjects shall by sale be transferred, in whole or in part, and 
shall be required to be registered de novo, it shall not be done unlc-s there be produced 
to the r gister the bill or other instrument of sale. Provided always, that the com¬ 
missioners of customs, and the governor, lieutenant-governor, or commander-in-chief, 
for the time being, of the islands of Guernsey or Jersey, or of any colony, plantation, 
island, or territory, to his Majesty belonging, may, upon due consideration of the 
particular circumstances of the case, give direction for registering such ship or vessel 
de novo, and granting a certificate of such registry, notwithstanding such bill or other 
instrument of sale shall not have been produced as aforesaid, and such registry shall 
be made, and such certificate thereof shall be granted accordingly, if all the other 
regulations, required by the laws in force concerning the registry of ships and vessels 
de novo, be complied with, 34 Geo. III. c. 68, §• 21. 

In case there shall be any alteration of property in the same port, by the sale of one 
or more shares in any ship or vessel, after registering thereof, and the owner or owners, 
whose property therein has not been so transferred, shall be desirous of having the 

ship or vessel registered de novo , such ship or vessel mav be registered de novo, pro¬ 

vided all the rule , regulations, and conditions, of all the laws in force concerning 
the registry of ships and vessels de novo , be complied with, 34 Geo. III. c. 68, §. 21. 
— 42 Geo. III. c. 61, § 23 

From the first of March, 1793, in Great Britain, and 1 November, 1802, in Ire¬ 
land, as often as any transfer of property -in any ship or vessel, in the whole or 

in parr, to persons not being subjects of his Majesty, shall be made, while such 
ship is upon the sea, on a voyage to a foreign port, in case the master thereof is 
privy to such transfer, or, if not so privy, as soon-as he shall become acquainted 
therewith, such ship shad proceed directly to the port for which the cargo then on¬ 
board is destined, and shall sail thence to the" port of his Majesty’s dominions to 
which she belongs, or to any other such port in which she maybe legally registered j 
and sucli ship may take on-board in the port for which her original caigo was destined, 
or in any other port in the course of her voyage home, such cargo as may lie legally 
carried to such port of his Majesty's dominions, where she may he s registered de 
novo. And, if such transfer of property shall be made while such ship is in any 
foreign port, as soon as the master of such ship shall become acquainted therewith, 
such ship, after having delivered the caigo then on-board at the port for which it is 
destined, shall sail thencefrom to the port of his Majesty’s dominions to which she 
belongs, or to any such port in which she may be legally registered : and may take on¬ 
board, at the port for which her original cargo was so destined, or at any other 
port, in the course of her voyage home, such cargo as may be legally carried to such 
port of his Majesty’s dominions, where she may be so registered de novo. And, if 
such transfer of property shall be made whiie such ship is on a fishing-voyage, as 
soon as the master of such ship shall become acquainted therewith, such ship, 
after having finished such fishing-voyage, without touching at any foreign ports, ex¬ 
cept for the purpose of repairs or refreshments, or for delivering any part of her cargo, 
shall sail to the port of his Majesty’s dominions to which she belongs or ro any other 
such port where she may be legally registered, and may take on-board, at the foreign 
port or ports last described, or at any other ports, in the course of her voyage home, 
such cargo, as may be,legally carried to such port of hi.-, Majesty’s dominions And 
every such ship, as aforesaid, shall be registered dfrnovo, as soon as she returns to the 
port of his Majesty’s dominions to which she belongs, or to any other such port in 
which she may be legally registered by virtue of the said act ; on failure whereof, 
such ship shall be thenceforth deemed to be a foreign ship or vessel, and shall not 
again be registered, and be entitled to the privileges of a British ship or vessel, un¬ 
less upon special representation of the circumstances of the case to the commissioners 
«>f customs, or to the governor, lieutenant-governor, or commander-in-chief, for 
the time being, of the islands of Guernsey or Jersey, or of any colony, plantation, 
island, or territory, to his Majesty belonging, as the case may be. Provided never¬ 
theless, that in no case of the transfer of property, in whole or in part, of any 
ship or vessel, in the manner herein-before mentioned, the ship or vessel, of which 
the property is so transferred, shall be entitled to the privileges of a British ship or 
vessel, unless such ship or vessel shall return to the port of his Majesty’s dominions to 
which she belongs, or to such other port in which she may be registered de novo, 
within the period of twelve months after the date of such transfer of property, if 

such 


NAVIGATION ACTS. 


335 


©f sale thereof, and that otherwise such bill of sale shull be utterly 
void.* 

18. Changing the master. —That, so often as the master and com¬ 
mander of any ship or vessel registered, shall be changed, the master 
or owner thereof shall deliver, to the person authorised to make such 
registry at the port where such change shall take place, the certificate 
©f registry belonging to such ship or vessel ; who shall indorse 
and subscribe a memorandum of such change, and shall give notice 
to the proper officer of the port where such ship or vessel was last 
registered; who shall likewise make a memorandum of the same in 
the book of registers; and give notice to the commissioners of his Ma¬ 
jesty’s customs in England or Scotland.f 

19. Name of a ship. — It shall not be lawful for any owner of anv 
ship or vessel to give any name thereto other than that by which she 
was first registered; and that the owners of every ship or vessel so 
registered shall, within one month from the registry, paint, in white or 
yellow letters, of a length not less than lour inches, upon a black ground, 
on some conspicuous part of the stern,, (provided there shall be suffi¬ 
cient space, but, if not, then in letters as large as such space will ad¬ 
mit,) the name by which such ship or vessel shall have been registered, 

such ship shall not be on a voyage to the East of the Cape of Good Hope, or to the 
W est of Cape Horn, or within two years, if the ship or vessel is on a voyage to the 
East of the Cape of Good Hope, or to . the West of Cape Horn, at the time such 
tranferof property shall take place, except by the order of such commis.uoners, go¬ 
vernor, lieutenant-governor, or commander-in-chief, respectively. 34 Geo. III. c. 63 , 
§ 22. — 42 Geo. III. c. 61, § 24. 

* Upon this clause of the act of parliament, the following case has been determined. 
An action of trover -was brought for the ship Commerce ; and these facts appeared on 
the trial. The plaintiffs were assignees of a bankrupt, who, being mdebted to the 
defendants in 2000/. on bills which they had accepted and paid for him, on the 
21st of June, 1788, gave them his promissory-note, payable in three months; and, 
by way of security, executed to them a bill of sale of the ship Commerce, and, at 
the same tinv, deposited in their hands the grand bill of sale, and also a policy of 
insurance on the ship from London to Jamaica, and back again. The bill of sale was 
absolute on the face of it, and in the usual form ; but it did not contain a recital of the 
certificate of the registry of the ship, as required by this section of the statute. It was 
determined by the court, that this bill of sale was absolutely void on account of this 
defect, and that the ship being at sea at the time made no difference; for, the 
words of the act are general, and apply as well to ships at sea as in port. 3 Term 
Rep. 406. 

But, although it is necessary that the bill of sale should contain a recital of the cer¬ 
tificate of the registry truly and accurately, yet the mere mistake of one figure for an¬ 
other, in copying it, will not render the bill of sale void. 4Term, Rep 161. 

f By 34 Geo. III. c. 68, §18, 19, and 42 Geo. III. c. 61. §20, 21, it is enacted. 
That, in case the master of any 'hip (whether he be a part-owner or not) shall refuse 
to deliver up the certificate of registry, to the proper officer empowered to make 
registry, upon being required so to do by the owner or owners, or major part of the 
owners, (if such master have not any property therein,) or by the other owner or 
owners, or major part thereof, (if such master have any share therein.) and upon 
oath being made by such owner, owners, or major pai r thereof, he foi e any justice 
of ihe peace near where such refusal shall be, in the United Kingdom; or, before 
any justice in Jersey, Guernsey, or Man, or in any colony belonging to his Majesty 
in America or West Indies, if such refusal shall be in any of the places last-men¬ 
tioned, such justice may grant his warrant to bring the master before him ; and, if 
it shall appear that the said certificate is not lost or mislaid, but wilfully detained, 
such master shall pay one hundred pounds, and, on failure of payment, be committed 
to the commpn jail for not less than six months nor more than twelve. 

And, upon the justice certifying thereof, to the person authorised to make registry, 
he shall register the said ship de novo, the terms and conditions of the law being 
complied with, 

and 


33<> 


NAVIGATION ACTS'. 


and the port to which she belongs, and so keep and preserve the same ; 
and, if such owner, master, or commander, of such ship or vessel, shall 
wilfully alter, erase, or conceal, or permit the same to be done, un¬ 
less in the case of square-rigged vessels in the time 61 Avar, or shall, 
in any written or printed paper, describe such ship by any name 
other than that by which she was first registered, or shall verbally de¬ 
scribe such ship or vessel by any other name to any officer of the re¬ 
venue ill the due execution of his duty, then such owner or owners, 
master or commander, thereof, shall forfeit the sum ot £ 100. 

20 and 21. Certificate from the builder necessary before registry. — All 
persons who shall apply for a certificate of registry, in Great Britain, 
Guernsey, Jersey, or the Isle of Man, for any ship which shall be built, 
or whose building shall be completed, after the first of August, 1736, 
shall produce, -to the persons authorised to grant such certificate, a 
true account, under the hand of the builder of the same, of the pro¬ 
per denomination, the time when and the place where such ship or 
vessel was built, and an exact account of the tonnage, together with 
the .name of the first purchaser or purchasers ; and also make oath, be¬ 
fore the person authorised to grant such certificate, that the ship or 
vessel, for which such certificate is required, is the same with that so 
described by the builder. And every person, who, from the first of 
January, 1737, shall apply for alike certificate in any of his Majesty’s 
said colonies, plantations; or territories, shall, before such certificate 
is granted, produce the like account under the hand of the builder, 
and take the like oath as is required to be produced and taken by per¬ 
sons applying in Great Britain. 

22 and 23. Certificate lost. — If the certificate of registry of any 
ship, which shall be obtained in pursuance of this act, shall be lost, a 
register and certificate de novo , in the form herein directed, shall be 
granted for such ship or vessel, according to 13 Geo. II. c. 31. But, 
in every such case, such security shall be given as is directed in this 
act; and, in lieu of the oath directed to be taken by the said act of’ 
13 Geo. II. the like oath shall be taken and subscribed, as is herein¬ 
before directed, by the owner or owners of such ships and vessels as 
are required to be registered by this act. 

24. Ships ordered to be registered de novo. — If any ship or vessel, 
after registry, shall be altered, in form or burthen, or in any manner 
whatsoever, such ship or vessel shall be registered de novo as soon 
as she returns to her port, or to any other port in which she may be re¬ 
gistered by virtue of this act; on failure whereof, such ship or vessel 
shall be considered and deemed to be a foreign ship or vessel. 

25. Prize-ships. —The owners of all such ships and vessels as .shall 
be taken by any of his Majesty’s ships, or by any private or other ship 
or vessel, and condemned as lawful prize, shall, upon registry thereof, 
before they shall obtain such a certificate, produce, to the proper 
officer of his Majesty’s customs, a certificate of the condemnation of 
such ship or vessel, and also a true account, in writing, of all the par¬ 
ticulars contained in the certificate herein before set forth, to be made 
and subscribed by one or more skilful persons to be appointed by the 
court to survey such ship or vessel; and shall also make oath, before 
the said officer, that such ship or vessel is the same vessel mentioned 
in the certificate. 

26. Where certain prize-ships shall be registered, — Provided, that no 
ship or vessel, taken or condemned as prize, shall be registered in the 
island of Guernsey, Jersey, or the Isle of Man, although belonging 

to 


337 


NAVIGATION-ACTS. 

to his Majesty’s subjects, residing in those islands ; but the same shall 
be registered either at,Southampton, Weymouth, Exeter, Plymouth, 
Falmouth, Liverpool, or Whitehaven., by the collector and comptroller 
at such port respectively. 

27. Prize-ships condemned abroad. —In all cases where any ship or 
vessel, taken and condemned in any'of his Majesty’s colonies, planta- 

' tions, Islands, or territories, aforesaid, shall be registered, and obtain 
a certificate, an exact account shall- be subjoined to such certificate of 
the sum for which such ship Or vessel shall have been sold, verified by 
the oath of the person applying for such registry and certificate. 

28. Certificates to distinguish the built. —- The certificates, which shall 
hereafter be granted in pursuance of this act, shall distinguish’whether 
such ships or vessels be of the built of Great Britain, Guernsey, Jer¬ 
sey, or the Isle of Man, or the colonies,- plantations, islands, or terri¬ 
tories, aforesaid, or of any foreign country; and shall, if British-built, 
be entitled, “ Certificate of British-Plantation Registry ;^’ and, if fo¬ 
reign-built, shall be entitled, “ Certificate of'Foreign-Ships Registry 
for the European Trade, British Property,” as the case may be. 

29. 30, 31.—These sections only directed within what limited 

periods, from the passing of the act, ships should register and obtain 
certificates ; for which purpose the commissioners of customs ’were 
to issue notices. The operation of these sections has long since 
ceased. ' 

32. Ships sailing without certificate. — No ship or vessel, directed to 
be hereafter registered, or which is directed, instead of the register 
now required, to take out a new register, shall be permitted, after 
the first arrival at the port to which she belongs, at the expiration of 
the notice herein directed, to clear outwardsr to foreign parts or coast¬ 
wise, or to proceed to sea, in order to fish on the coasts, or fof any 
other purpose, as a British ship or vessel, unless the owners thereof 
shall have obtained a certificate'; $ind, in case such ship or vessel de¬ 
part from such port without being registered, and without having ob¬ 
tained a certificate, every such ship or vessel shall be subject to for¬ 
feiture, and also all the gu»s, furniture, ammunition, tackle, and ap¬ 
parel, to such ship or vessel belonging. 

33. Ships remaining in port without certificate of registry .— -If, after 
the expiration of the notice aforesaid, any ship or vessel (being sepiare- 
rigged) shall be found in any port, within twenty leagues by water; 
from the port to which she belongs ; or, if any vessel, not square- 
rigged, be found within any port other than that to which she belongs, 
without having obtained the certificate of registry herein-before di¬ 
rected; it shall be lawful for the principal officer of such port, and 
he is hereby required, to detain such, until the master or commander 
shall, if such ship or vessel be under 50 tons, give security by bond 
in <£50, in manner hereinafter directed; and, if the same shall ex¬ 
ceed 50 and not exceed 100 tons, shall give security by bond in AT 00; 
and, if the same shall exceed 100 tons, then, until the’* master or 
commander shall, with one security, give bond in A’200, with con¬ 
dition, that such master or ’commander of every such ship or vessel 
shall forthwith repair with her, (or, being employed in'the fishery 
on- the banks of Newfoundland, and parts adjacent, at the end of the 
fishing-season,) to the port to which she belongs, and there cause her 
to bo" registered, and procure a certificate of such registry, and de¬ 
liver to such officer such certificate within the time limited in the con¬ 
dition of such bond; which time such officer h hereby authorised to 

Z ' fix. 


338 


NAVIGATION-ACTS. 


fix, -according to the distance which such ship or vessel may be from 
the port to which she belongs, and the nature ot the voyage in 
which she may be engaged; and, on failure of producing such certi¬ 
ficate, such bond shall be forfeited ; but, if such certificate shall be 
produced within the time so limited, such bond shall be void. And, 
in case any square-rigged ship or vessel, after the expiration of the 
notice aforesaid, shall be found in any port, distant more than twenty 
leagues by water from the port to which she belongs, or that the 
water at the entrance of the port to which she belongs shall be so 
shallow as not to admit her entrance, the master or commander shall, 
within forty-eight hours after his arrival at such port, make known 
his arrival to the collector and comptroller of the customs, or other 
principal officer of such port; and shall require such collector and 
comptroller to cause liis ship or vessel to be surveyed by the proper 
officer, who shall accordingly make a proper survey, and certify the 
several particulars’ thereof; and such collector and comptroller shall 
immediately transmit the said certificate of survey to the person au¬ 
thorised to register ships and vessels at the port to which such ship 
or vessel belongs, who shall register such vessel and grant a certifi¬ 
cate of the registry ; and it shall be lawful for the collector and comp¬ 
troller, or other principal officer of the customs, in the port where such 
ship or vessel shall be so found, and they are hereby authorised, to de¬ 
tain such ship or vessel until a perfect and accurate survey is made 
in manner before directed. 

34. Certificates to be produced . — After the expiration of the notice 
before required, the master or commander of every ship or vessel that 
shall have been registered, and .shall have procured a certificate of the 
registry, shall, upon demand, produce such certificate of registry to 
the principal officer pr officers of every port in his Majesty’s domin¬ 
ions, or to the British consul or chief British officer in any foreign 
port in which such ship or vessel shall arrive, for the inspection of 
such officer, Sz c. in order to satisfy him or them that’she has been 
properly registered, under the penalty of one hundred pounds. 

35 and 36. Duty of the registering-officer, Sfc. — The proper officer, 
at every port where registers and certificates shall be granted, shall 
progressively number the same as they shall be granted, beginning 
such numeration at the commencement of each year; and shall enter 
an exact copy of every such certificate, with its number, in a book; 
and shall also, within one month at the farthest, transmit to the com¬ 
missioners of customs in London and Edinburgh, under whom they 
act, a true copy, together with the number of every certificate so by 
him granted ; and, if any such officer shall neglect, he, so offending, 
shall, for the first offence, forfeit £ 100 ; and, for the second, £‘200 ; 
and be dismissed from his office. And the commissioners of customs 
in Scotland shall, in like manner, transmit, at the end of every month 
in each year, to the commissioners of customs in England, true copies 
of all such certificates as skill be granted by them, or by .any other 
officer, within the limits of their commission. 

37. Fees payable. hi lieu of all stamp-duties, now imposed on such 
bonds as shall be entered into by the owner or owners of any ship or 
vessel built before the first of May, 1786, or by any person or persons 
on their behalf, upon such ship or vessel being first registered and 
obtaining a certificate, there shall be paid the.sum of one shilling; and 
tlrat, in lieu of all fees and perquisites now payable to any person on 
f registry of any ship or vessel, so built before the first of May, 

1786, 



NAVIGATION-ACTS. 


33$ 


IT85, there shall be paid, on the first registry thereof, the following 
sums: by all ships or vessels decked, or of the burden of fifteen 
tons, and not exceeding fifty tous, one shilling and six-pence; by all 
ship:, or vessels exceeding fifty tons, and not exceeding one hundred 
tons, two shillings and six-pence; by all ships or vessels exceeding 
one hundred tons, and not exceeding two hundred tons, three shiU 
lings and six-pence ; and by all ships.or vessels exceeding two hundred 
tons, five shillings; which several sums shall be payable to such 
officers in the same shares and proportions in which the'sums now pay¬ 
able are distributed. Provided always, that the stamp-duties, fees, 
and perquisites, now payable upon the registry of or transfer of pro¬ 
perty in any ship or vessel, shall continue to be paid as heretofore, 
except upon the first registry of any ship or vessel built- and registered 
before the first May, 1785. 

38 and 39. — These sections relate to the registering of some cer¬ 
tain ships and vessels that had been employed during the American 
war ; the operation of which must long since have ceased, and need 
not therefore be here inserted. 

40. Misconduct of officers. — If any person, authorised by this act, 
in respect to his or their office or offices, to perform any act or thing 
directed, shall wilfully neglect or refuse to do or perform the same, 
every such person neglecting shall, on being duly convicted, forfeit 
o£500; and for the sbeond offence c£500, and shall thenceforth be 
rendered incapable of serving his Majesty. 

41. False oaths. — If any person shall falsely make an oafh to any 
bf the matters herein-beforo required to be verified, such person shall 
suffer in like manner as persons committing wilful and corrupt perjury ; 
and, if any person shall counterfeit, erase, alter, or falsity, any cer¬ 
tificate, or shall make use of any certificate so counterfeited, erased, 
altered, or felsified, such person, shall forfeit J. 500. 

42. Hove penalties, Syc. are to be recovered.' —All penalties and for¬ 
feitures shall be sued for in such courts, and be disposed of in such 
manner, as any penalties, indicted- for any offence committed against 
the laws,of customs, may now be sued for: and the officer or officers, 
concerned in seisures or prosecutions, shall receive the same share of 
the produce as in case of seizure for unlawful importation, and to 
such share of the produce arising from any pecuniary fine or penalty, 
tor any offence against this act, as any officer is entitled to upon, 
prosecutions for pecuniary penalties. 

43. Former acts not hereby repealed. —Every matter, contained in 
the said herein-before recited acts, or in any acts of parliament hereto¬ 
fore passed touching the trade, shipping, and navigation, of -Great 
Britain, and the colonies*, plantations, islands, and territoriesy^-there-r 
unto belonging, which is not hereby expressly altered or repealed, 
shall continue in fullforce; and, so far as the same relates to registry 
of ships and vessels, shall be deemed to extend to all ships and ves¬ 
sels required by this act to be registered and to have certificate of 
registry. 

44. Irish ships. — The ships and vessels belonging to his Majesty's 
subjects in Ireland, being duly qualified and registered, shall continue 
to enjoy all the privileges and advantages, to which such ships and* 
vessels were entitled before the passing of this act, until the end of 
four calendar months from the commencement ol the first session of 
the parliament of Ireland, which shall hereafter sit during four ca¬ 
lendar months, without prorogation or dissolution and, from the cud 

Z 2 Of 


310 NAVIGATION ACTS. 

of that time, every ship or vessel which shall, by virtue of any act 
that may be passed in Ireland, be qualified and registered in any of 
the ports of the said kingdom, under similar regulations to those, 
herein-contained, shall continue to enjoy all the privileges of a British- 
built ship, or foreign-built ship owned by his Majesty’s subjects. 


Abstract of an Act to enforce and render more effectual several Acts 
passed in tiie Twelfth Year of the Reign of King Chd)ies the Second, 
and other Acts made Jor the Increase and Encouragement <j\ Shipping 
and Navigation. 27 Geo. III. c. 19. 


1. Irish ships .*—EVERY ship, which shall be duly registered in 
any port in Ireland, according to the regulations and restrictions of 
the preceding act, and shall obtain a certificate thereof, shall enjoy all 
the privileges and advantages of a British-built ship, or foreign-built 
ship owned by his Majesty’s subjects, as the case may be. 

2 and 3. — These sections related to the registering of Irish ships 
within certain limited periods, from the passing of the preceding act. 
The operation of these sections has long since ceased. 

4. Oath of allegiance to a foreign state. — And whereas, by the be¬ 
fore-mentioned act, it is enacted, that no. registry of any ship shall 
henceforth be made, until the owner or owners of such ship shall 
have taken an oath, containing, among others, the words following: 

That l, the said A. B. (and the said other owners, if any) am (or are)* 
“ truly and bona fide, a subject (or subjects) of ' Great Britain ; and that J, 
“ the said A. B. haze not (nor have any of the other owners, to the best of 
“ my knowledge and belief ) taken an oath of allegiance to any foreign 
“ state whatever, except under the terms of capitulation [describing the 
particulars thereof:]” — be it enacted, by the authority aforesaid/ that 
no oath, taken for the sole purpose of acquiring the rights of a citizen 
or burgher in any foreign city or town in Europe, to be enjoyed 
during the time that the person or persons, taking such oath, shall re¬ 
side in such city or town, and for a limited time after such re idence 
shall have expired, shall be deemed an oath of allegiance to a foreign 
state. 

5. Registry of ships belonging to bodies corporate. — Nothing in the act 
contained shall prevent the persons, thereby authorised, from making 
registry of ships, and granting certificates thereof to ships owned by 
the East-lndia Company, or , any other body corporate within this 
kingdom, all other requisites of the said act being complied with, 
upon the following oath being taken and subscribed by the secre¬ 
tary of the said company or other body corporate, or b) any^othelf 
officer authorised, (instead of the oath directed to be taken by the 
said act,) before the person or persons duly'authorised to make such 
registry and grant such certificates respectively. 

I, A.B. secretary or officer [name of the company or corporation'] do make oath, That 
the ship or vessel [name,] of [port or place,] whereof [master’s name ] :S at present 
master, being [kind of built, burthen , c €c. as described in the certificate of the surveying - 

officer j\ 

* The parliament of Ireland passed an act containing the like regulations as are 
Contained in the preceding act of the 26 Geo. Ill c. 60, and the references ill iaif 
abstract are made to the preceding act, to avoid confusion. 


* 



NAVIGATION ACTS. 


34 1 


was [yohen and where built, burthen, &c. as described in the certificate of the 
surveying-ffictr ,] was [ when and where built, or, if prize, capture, and condemna¬ 
tion :] ana that the same doth wholly and truly belong to [name of the company or cor - 

poralion~\ 

6 and 7.— See the note upon the 15th section of tile preceding 
act, relative to the giving bond upon registry and change of the 
master. > 

8. Vessels under SO tons employed at Neiifoundlmd, Spc ,— No vessel 
whatever, not exceeding, the buithen of 30 tons, anu not having a 
whole oi fixed deck, and being employed solely in "the Newfoundland 
fishery^ Or on the banks or shores : OI -the provinces ot Quebec, i\dVa 
Scotia, or New Brunswick, adjacent to the Gulf of St Lawrence, 
and to the North of Cape Canso, or of the islands within the same, or in 
trading coastwise within the said limits-, shall be subject to be re¬ 
gistered in pursuance ot the said act, or shall be liable to any hin¬ 
drance, molestation, obstruction, or detention, whatever, on account 
of not being so registered. 

9. Registering of ships built at Newfoundland, Spc. — Whereas manv 
ships are built in the island of Newfoundland, and in those parts of 
the provinces of Quebec, Nova Scotia, and New Brunswick, adja¬ 
cent to tire Gulf of St Lawrence, and to the North of Cape Cansd, 
or in the islands within the said limits, on account of owners residing 
in his-Majesty’s European dominions ; be it therefore farther enacted. 
That such ships shall be registered in the said island of Newfoundland 
and its dependencies, or in the parts of the said provinces of Quebec, 
Nova Scotia, or New Brunswick, adjacent to the x Gulf of St Law¬ 
rence, and to the North of Cape Canso, or in the islands within the 
said limits, upon the husbands or principal agents of the said ships 
taking the oath required ; and the certificates so granted shall be of 
the like force and effect as if they had been granted upon the oath of 
the owners, until such time as such ships shall arrive at some port in 
his Majesty's European'dominions, where they may be respectively re¬ 
gistered upon the oath of the respective owners, but no longer. And, 
whenever such ships shall arrive at any such port in his Majesty’s Euro¬ 
pean dominions, the certificates of registry, granted in pursuance of this 
act, shall be utterly null and void, and shall be deliverd up to be can¬ 
celled ; and such ships are hereby required to be respectively re¬ 
gistered de novo , conformably with the requistions of the prece¬ 
ding act. 

10. importation of European goods. — From the first of July, 1787, 
any of the good> or commodities enumerated or described in the act 
of the 12 Car. II. c. 18, being the growth, production, or manu¬ 
facture, of Europe, may be imported into Great Britain under the 
conditions, rules, regulations, and restrictions, contained in the said 
act; and the goods, &c. enumerated in an act made and passed in 
the 13lh and 14-th of Charles II. c. 11, and in-another act made 
and passed in the 6th of George I. c. 15, may be imported, either 
in ships which, before the first of May, 17 86, truly and wholly 
belonged to his Majesty’s dominions, or which fire of the built of hfs 
Majesty’s dominions, and registered according to law, or in ships tne 
built of any countries or places in Europe, belonging to the sovereign 
or state in Europe of which tlie said goods or commodities, so enu¬ 
merated or described as afoiesaid, are the growth, production, and 
manufacture, respectively, or of such ports where the said goods 
or commodities can only be, or are most usually, first shipped for 

Z 3 transpor- 



NAVIGATION ACTS. 


312 

transportation, such ships being navigated with a master, and three- 
fourths of the mariners, at least, belonging to such countries, or 
places, or ports, respectively, and in no other ships or vessels 
whatever. 

11 and 12. Importations from Morocco through Gibraltar. — It shall 
be lawful for any person whatever to import into Great Britain, 
from Gibraltar, in any ship, which, before the first of May, 1786, 
did truly and wholly belong, to his Majesty’s dominions, or are of 
the built of his Majesty’s dominions, navigated and registered ac¬ 
cording to law r , any' goods, wares, or merchandise, being the growth 
or production of the dominions of the Emperor of Morocco, and 
which shall have been imported into Gibraltar directly from any 
part of the said dominions not lying or being to the southward of the 
port of Mogadore, in ships belonging to, or of the built of, his 
Majesty’s dominions,. as before-described, navigated and registered 
according to law, or in ships belonging to the subjects of the Em¬ 
peror of Morocco, upon payment of the same duties as shell goods, 
wares, or merchandises, are or shall be liable to upon being im¬ 
ported into Great Britain directly from Africa. But, in every such 
case, such goods, so imported, shall be accompanied with a cer¬ 
tificate, under the hand of the governor, or lientenant-grivernor, or 
commander-in-chief, of Gibraltar, (or of any person authorised by 
them, or either of them, to grant such certificate,) setting forth 
v that such goods were brought into Gibraltar in such ship as above- 
described. 

13. What shall be deemed aliens ships. — All ships which, by the pre¬ 
ceding act, are declared not to be entitled to any of the privileges 
or advantages of a British-built ship, or of a ship owned by British 
subjects, and all ships not registered according to the directions and 
regulations of the said act, shall, although such ship may be owned by 
his Majesty’s subjects, be held and deemed as alien ships, and 
shall, in all Cases, be liable to such and the same penalties and 
forfeitures as alien ships, in like cases, are by law liable to. 


Abstract of an Act for granting to Foreign Ships , put under hit 
Majesty’s Protection, the Privileges of Prize-Ships, under certain 
Regulations and Restrictions. 34 Geo. III. c. 42. 

1. Registry of certain foreign ships. — ALL foreign ships and ves-. 
gels heretofore* evened by subjects of the late Fretuh king, which, in , 
consequence of any capitulation, may be put under his Majesty’s 
protection at the time of, or in consequence of, the surrender of 
any foreign colony, shall and may be registered as ships .condemn- . 
ed as lawful prize; and shall become entitled to the privileges of 
British ships, under the regulations and restrictions herein-after mcn- 

* As this act operates only upon French ships, it became necessary to pass a similar, if 
one that should aficct all foreign vessels whatsoever, and this with a particular view ’’ 
to the British acquisitions from the Dutch. This was accordingly done by the 37 « 
Geo, III, c. 63, (23 May, 1797,) which is almost a copy of the one above. But-' 
the ports of registry were ordered to be pie following, viz. For the Cape of Good £ 
Hope, ships are to be registered at Cape-Town ; for the Island of Ceylon, or parts : 
to the eastward of Ceylon, at Columbo ; for the Coast of Malabar, at Cochin; tor > 
the island of Trinidad, at Scarborough, in the island of Tobago; and for the settle- $ 
incnt of Demerary,at Scarborough likewise. 

tioned : 


NAVIGATION ACTS. 


343 


boned: Provided always. That no such ship shall be so registered but 
Upon producing a certificate, under the hand and seal of the person who 
commanded in chief, by sea . or land, at the time when such foreign 
colony was surrendered, (or, in case of the death or departure of any 
such officer, before such certificate shall have been so given, then upon 
a like certificate under the hand and seal of the person who shall com- 
mand in chief, by sea or land, at such colony,) testifying that such ship 
or vessel was put under the protection of his Majesty at the same time : 
and, upon oath, herein-after directed, being taken and subscribed, be¬ 
fore the person authorised to make such registry, by the owner of such 
ship, if it belong to one person only ; or, in case*there thali be two 
joint owners, then by both of such joint owners, if both be resident 
within twenty miles of the place where such register is required ; or by 
.one of such owners, if one or both of them shall be resident at a greater 
distance.; or, if the number of such owners shall exceed two, then by 
the greater part of them, if the greater number of them shall be resident 
within twenty miles, not in any case exceeding three of such owtiers, 
or by one of such owners, if all shall be resident at a greater distance : 
Provided also, that such registry shall, for the island of St. Domingo, 
be made at the port of Kingston, in the island of Jamaica; and, for 
any of the French Leeward Islands, in" the port of Roseau, in the island 
of Dominica; and the said ports of Kihgston and Roseau shall respec¬ 
tively, for the purpose of such registry, be deemed to be the port tq 
jsvhich such ship belongs. 

2 . The oath before registry .—The oath before directed to be taken 
shall be in the form and manner following: 

“ I, A. B. of [face of residence and occupation] do make oath, That the ship or vessel 
[name,] of [port or place, \ whereof [master’s name] is at present master, being [kind 
of built , burthen, (Ac. as described in the certificate of the surveying-officer ,] was [when 
and where built, or, if pr ize, capture, and condemnation, or if put under his Majesty’s; 
protection, when and where-, J and that I, the said A. B. [and the other owners names 
and occupation, if any, and where thy respectively reside , viz., town, place, or parish, 
and county ; or, if member of, 'and resident in, any factory in foreign parts, or in any 
foreign town or city, being an agent for, or partner in, any house or co-partnership actually 
carrying on trade in Great Britain or Ireland, the name of such factory, foreign town, or 
eity, and the names of such house or co-partnership,] am [or are] sole owner [or owners] 
of the said vessel, and that no other person or persons whatever hath or have any right, 
title, interest, share, or property, therein or thereto; and that I, the sai d A, B . [and 
the said other owners, if any,] am [or are] truly and bona fide a subject [or subjects] 
of Great Britain : and that \, the said A. B. have not, [nor have any of the other owners, 
Ho the best of my knowledge and belief,] Taken the oath of allegiance to any foreign stare 
whatever, [except under the terms of some capitulation, describing the particulars thereof,] 
or that since my taking [or his or their taking] the oath of allegiance to [naming the 
foreign states respectively to which he or any , of the said owners shall have takeq tde setme .] 
and prior to the passing of an act in the twenty-sixth year ofi the reign of King George 
the Third, entitled, An Act for the farther Increase and Encouragement of Shipping and 
Navigation, I have [or he or they hath or have] become a subject [or subjects] of Great 
Britain, {*either b) his Majesty’s letters patent, as a denizen or denizens , or riat.uraUx.ed by 
act of parliament, as the case may be, naming the dates of the letters cfdtnixa/icn, or the 
act'or acts of parliament for naturalization, respectively ,] or, [<ri the case may befl have. 
[or he or they hath or have] become a denizen [or denizens, or naturalized subject or 
subjects, as the ease may he,] of Great Britain, by his Majesty's letters' patent, or by an 
act of parliament, passed since the first day of January, one thousand seven hundred 
and eighty-six, [naming the times when such letters of denization h<tvc been granted 
respectively, or the year or years in wh\ch such act or acts of naiu'Arzation have passed 
respectively,] or that I, A- B. and 'he other owpers, if apy, fcaviwg become British 
subject or subjects by virtue of a capitulation, [describing the particulars thereof a' to 
place | date, and parties,] have, or he or they hath or havy, taken the oath of fidelity 
and allegiance to his Majesty, the king of Great Britain, [describing the. times when, the 
place where, and before whom taken,] in consequence of such capitulation ; and f hat no 
foreigner, directly or indirectly, hath any share, or part, or interest, in the s%id ship 

er vessel. 

£ \ 3 IT'0 



NAVIGATION ACTS. 


3,4i 

3. What goods such vessels may' carry,, and to zvhat places they may 
trade. — Any such ship or vessel/having a certificate of registry.as 
aforesaid, and being navigated as British ships, may export from any 
such colony, or-part of foreign colony, so surrendered to his/vlajcsty, 
to any of the British dominions in Europe,' or any of the British fcolo- 
nies, plantations, or islands, in America or the West Indies, to any 
foreign islands in the West Indies, (not belonging to any sovereign or 
state at war with his Majesty,) to the territories of the United States of 
America, to all other parts of the continent of America, and the islands, 
adjacent to the western islands, commonly called Azores, and Madeira 
and Canary islands,* to the coast of Africa and the islands adjacent, and 
to none other place whatever; and also may import into any such fo¬ 
reign colony, or part of foreign colony, from any of the aforesaid (but 
no other) places, such goods and commodities respectively, and none 
other, as any British .ship or- vessel may by law import or export to and,.' 
from the same; and subject to the like duties, conditions, regulations, 
restrictions, penalties, and forfeitures, as if such exportation or impoiv 
tation was made in any British-built ship or vessel. 

4 .Such ships may afterwards be registered as prize-ships. —His Majes¬ 
ty, by the advice of his privy-council, at any time, on the arrival of 
any such ship in Great Britain, upon application to him made, may 
authorise any such ship (without payment of any duty whatever for the 
said ship, or the sails and other necessary tackle, apparel, and furni¬ 
ture, thereof) to be registered, as in the case of a prize-ship, in any 
port in the kingdom of Great Britain. 

5. Master, crew, and passengers, of such skips. — No person, hereto¬ 
fore a subject of the late French king, being a white person'or mulatto, 
or free negro, shall be employed to navigate any ship or vessel, bound 
from any such foreign colony, to any part of his Majesty’s dominions, 
or be conveyed as a passenger, on-board thereof, unless such person shall 
produce a certificate, under the hand and seal of the person who com¬ 
mands in chief in such foreign colony, or at the place therein, whence 
such ship shall sail, testifying that such person has taken the oath of fide¬ 
lity and allegiance to his Majesty; and no negro-slave, belonging to any 
person whatsoever, heretofore a subject of the late French king, shall 
be so employed or conveyed, but upon a certificate under the hand and 
seal of his master, (which master shall have taken the oath of fidelity and 
allegiance as aforesaid,) certifying the good character of such negro-slave, 
and testifying that his conduct has been such, that he ijiay be safely ad¬ 
mitted into the ports of his Majesty’s dominions: which certificate shall be 
indorsed by the person who commands in chief his Majesty’s troops or 
vessels at the place whence such ship shall sail, signifying that he has 
no reason to doubt of the truth thereof; upon pain that the master or 
commander of any such ship shall forfeit fifty pounds for every person 
employed or conveyed in his ship, who has not such certificates respect 
lively. 


Abstract 


NAVIGATION ACTS. 


345 


Abstract of an Act for the farther Encouragement of British Mariners, „ 

34 Geo. III. c. 68 j and extended to Ireland by an Act “for the.far¬ 
ther Encouragement of Irish Mariners f 42 Geo. III. c. 61, from Nov. 

1st, 1802. ' v 

1 , 2, and 3 . How ships, requiring registry, shall be navigated. <—FROM 
Die expiration of six months from the conclusion of the war,* no goods, 
wares, or merchandise, whatever, 'shall be imported into, or exported 
from, any port or place in the kingdom of Great Britain, or in the islands 
of Guernsey, Jersey, Alderney, Sark, or Man, on-board any ship or 
vessel which, bylaw, is or shall be required to be. registered as a British' 
ship or vessel,'* unless such ship or vessel shall be navigated by a master 
and three-fourths, at least, of the mariners British subjects. Nor, shall 
any ship or vessel, which by law is or shall be required to be registered 
as a British ship or vessel, be navigated but by a master and three-foUrths, 
at least, of the mariners British subjects, except as is herein-after 
provided. 

4. How vessels in the home-trade and British fisheries must be navigated .—• 
From the expiration of six months from the conclusion of the war, no 
goods, wares, or merchandises. Whatever, shall be carried from any 
one port or place of Great Britain, or of the islands o£ Guernsey, Jersey,: 
Alderney, Sark, or Man, to any other port or place of the same, prof 
any of them, in any such ship or vessel ; nor shall any suclv ship or ves- » 
sel be permitted to sail in ballast from one of the said ports or creeks to 

. another, nor shall any British ship or vessel be permitted to sail from, 
the ports or coasts of this kingdom, or the islands of Guernsey, Jersey, 
Alderney,. Sark, or Man, to be employed in fishing on the said coasts, 
unless such ship or vessel shall respectively be wholly and solely manned' 
with, and navigated jpy, a master .and mariners all British subjects : 
Provided always. That the commissioners - of customs may, by license , 
under their hands, for which no fee shall be taken, authorise any such 
ship or vessel, employed in fishing on the coast of Great Britain, or of 
the islands of Guernsey, Jersey, Alderney, : Sark, or Man, to have on¬ 
board any foreign mariner or mariners, for the purposed’ instructing the 
, British mariners thereof in the art,of fishing, or taking or curing fish, 
such foreign mariner or mariners not exceeding one-fourth of the num¬ 
ber of mariners on-board such ship or vessel. 

5. Exception in gases of sickness, death, desertion, or capture. — Where 
it is required by this or any other act, that the master and the whole or 
any portion of the mariners of any ship or vessel shall be British sub¬ 
jects, the true intent and meaning is, that the master and the whole or 
such proportions shall be British subjects during the whole voyage, unless 
in case of sickness, death, desertion, or being taken prisoners, in the 
voyage, and in such case the master or commander of such ship or vessel 
shall specify the same in his report : Provided also, that nothing in inis ! 
act contained shall extend to alter, or in any wise affect, any regulation 
for navigating or manning of ships employed in any of the fisheries car¬ 
ried on from this kingdom, or any part of his Majesty’s'dominions, for 
which anv special provision has been made by any act or acts in force 
before the commencement of this act. 

* The war which immediately preceded the proclamation of peace, on the 29 th of 
April, iboi. 

. 6 . mo 


NAVIGATION ACTS. 


3*5 

6. JVho may he masters and mariners of British ships. —To prevent all 
dbubts respecting the various terms made use of in the several laws of 
»avigack>n y with respect to who are to be deemed to be qualified to be 
masters of British ships, or to b? British sailors, seamen, or mariners; 
wy person shall henceforth be deemed to- be qualified to be the master of 
2 British ship, or to be a British sailor, seaman, or mariner, except the 
natural-born subjects of his Majesty, his heirs or successors, or pers' ns 
naturalized by any act of parliament, or made denizens by letters of 
denization, or except persons who have become his Majesty's suhjects 
f?v virtue of conquest or cession of some newly-acquired country,, and 
Who shall have taken the oath of allegiance to his Majesty, or tne oath 
of fidelity required by the treaty or capitulation by which such newly- 
acquired country came into his Majesty’s possession, except as is here r 
after provided. 

7 . Foreigners serving in the navy. — Every foreign sailor, seaman, or 
mariner, who shall serve on-board any of his Majesty’s ships or vessels 
of war, in time of war, for the space of three years, either in one or dif¬ 
ferent ships, and who shall also take the oath of allegiance to his Ma¬ 
jesty, shall, from and after the conclusion of the present war, be entitled 
to be employed as a master of a British ship or vessel, or as a British 
sailor, seaman, or mariner,, on-board any British ship or vessel, within 
the intent and meaning of this act, or any of the laws now in force: 
Provided always, that no such foreigner shall "Be entitled to become the 
master of any British Ship or vessel, or to be employed as a British 
sailor, seaman, or mariner, unless he shall have delivered certificates 
from the captains or commanders under whom he served of the time he 
shall have served, and of his faithful service and good behaviour, and a 
certificate of his having taken the'oath of allegiance, to the collector or 
other chief officer of his Majesty’s customs in the port of London, or in 
the ports of Chatham, Portsmouth,* or Plymouth,* to be filed by such 
collector or chief officer of the customs, who are to deliver to such fo¬ 
reign sailor, seaman, or mariner, an attested copy thereof, upon paying 
the tee of one shilling, ancl no more. 

8 . Persons not qualified serving on-board merchant-ships. — No person, 
who has or shall take any oath of allegiance to any foreign sovereign or 
state whatsoever, for any purpose whatsoever, except under the terms, 
of some capitulation upon the conquest of any of the dominions of his 
Majesty, and for the purpose of obtaining the benefit of such capitulation, 
only, shall be deemed to be qualified to be the master of a British ship 
or vessel, or a British sailor, seaman, or mariner, within the intent and 
meaning of any of the laws of navigation, unless such person shall have 
taken such oath of allegiance before he became so qualified ; and any per¬ 
son who shall, after having become disqualified by taking such oatfi of 
allegiance as aforesaid, take the charge or command of any British ship 
or vessel, as master or commander thereof, shall, for every such offence, 
forfeit of 100 ; and every person who shall, after having become so dis¬ 
qualified as aforesaid, engage to serve as 9 . British sailor, seaman, or 
mariner, on-board any such ship or vessel, shall forfeit £\0: Provided 
also, that no ship or vessel, on board whereof any person who is so dis¬ 
qualified shall be employed as master or commander, shall be forfeited 
fey reason thereof, if the owners thereof shall shew that such disqualifi¬ 
cation of suefi master of commander was unknown to them, or their 
agent or agents; and that such disqualification of such sailor, seaman, 

v Or, in Ireland, to the collector, &c. of his Majesty's customs in the port of Dub¬ 
lin, or in tUc^ons of Cork, Gahvay, or Londonderry. 



NAVIGATION ACTS. 


347 


or mariner, was unknown to them or their agent or agents,, and to the 
master or commander of such ship or .vessel, at the time of engaging 
such person to serve on-board such ship or vessel: Provided always, 
that in the navigation on the seas of America and the West Indies, from 
any port of America and the West Indies to any port of America and the 
West Indies, any negroes, belonging to any person or persons being or 
having become his Majesty’s subjects in manner aforesaid, and with the 
qualifications aforesaid, and in the seas to the eastward of the Cape of 
Good ,Hope, from any port to the eastward of the Cape of Good Hope 
to any other port to the eastward of the Cape of Good Hope, Lascars, 
and other natives of any of the countries to the eastward of the Cape of 
Good Hope, may be employed as British sailors, seamen, or mariners, in 
manner heretofore practised : Provided, nevertheless, that no negro, be¬ 
longing to any person who has become a subject of his Majesty, in manner 
before described, in any of t’iie inlands or colonies late under the do¬ 
minion of the iate French king, shall be entitled to be employed, in 
the manner before mentioned, as a British sailor, seaman, or mariner, 
unless all the conditions required by the act of 34 Geo. III. c. 42 , shall 
have been complied with, so long as the said act shall continue in 
force. 

9 . Foreigners may sene in time of War. —Nothing in this act contained 
shall extend to restrain the effect of any such proclamation as his Majesty, 
his heirs or succ ssors, are empowered to make by virtue of the act of 
13 Geo. II. c. 3 -* 

10. Forfeiture of ship and goods, if navigated contrary hereto .— If any 
goods, wares, or merchandise, whatever, shall be imported or brought, 
exported or carried, coastwise, contrary to the provisions of this act, or 
any of them, all such goods, wares, and merchandise, and also the ship 
or vessel, with all her guns, furniture, ammunition, tackle, and apparel, 
shall be forfeited ; and also if any ship or vessel shall sail in ballast, or 
shall sail to be employed in fishing on the coast in manner herein-before 
mentioned; or, being required to be manned, and navigated with a mas-* 
ter and a certain proportion of British mariners in manner herein-before 
directed,- shall not be manned and navigated accordingly, such ship or 
vessel, with all her guns, furniture, ammunition, tackle, and apparel, 
and all the goods, wares, and merchandise, on-board the same, shall 
be forfeited. 

11. By whom seizures may be made. — All-and every the goods, wares, 
merchandise, and all ships or vessels forfeited by this act, may be seized 
by the commander of any of his Majesty’s ships of war, or any coipmis¬ 
sioned, warrant, or petty, officer, specially appointed, or by any officer 
or officers oi his Majesty’s customs; and all forfeitures incurred by this 
act may be sued for by such and the iike ways as any forfeiture incurred 
by any law respecting the revenue of customs may now be sued for 

12 . Ships met at sea , navigated contrary hereto. -—In case any British 
ship or vessel shall be found at sea having on-board a greater number of 
foreign mariners than is allowed by this act, or any law now in force, 
of hereafter to be made, and the master of such ship or vessel shall pro¬ 
duce a certificate of the actual necessity of engaging such foreign ma¬ 
riners in such foreign port, by occasion of the sickness, death, or de¬ 
sertion, of the like number of British mariners, or of the same having 
been taken prisoners during his voyage, and that British'mariners could 

* By this aer, and that of 42 Ge . III. c. 61 , his Mnj sty may, in time of war, 
pe; rnit merchant-ships of the United Kingdom to be navigated by foreigners, provided 
one-fou. t!i of the ciew be British subjects, 

not 




348 SMUGGLING ACTS. 

not be engaged at such foreign port to supply their room, and that, for 
the safe navigation of such ship or vessel, it became necessary to en¬ 
gage and employ such foreign,mariners, under the hand of his Majesty’s 
con ml at the foreign port where the said foreign mariners were so tn- 
gaged; or, if there is not any such consul there, under the hands of two 
known British merchants at si\ch foreign port, it shall not be lawful for 
any of the persons authorised, by this act to make 'seizures of ships or 
vessels, to stop.or detain any such ship or vessel so found at sea, or to 
hinder her from proceeding on her voyage, but, such person shall in*- 
dorse.the certificate so produced, testifying the production thereof, and, 
when and where met with at sea, and that the number of foreign mari¬ 
ners correspond with the certificate of such British consul, or such 
known British merchants,' for the consideration and investigation of 
the commissioners of his Majesty’s customs in England and Scotland 
respectively.* , • h 

13. Conclusion rf this tear, Milieu. — For the purposes of this act, the 
conclusion-of the war shall be holden to be from Lire time.that the same 
shall be notified,by proclamation, or oruer of his Majesty in council, 
to be published in the London,Gazette. 


CHAP. XXI. 


Abstract of the Acts for the more effectual Prevention 
of Smuggling in this kingdom. 24 Geo. III. c. 47.— 27 
Geo. III. Ei. 32. — 23 Geo. III. c. 34. — 34 Geo. III. c. 50. —- 
35 Geo. III. c. 51, 1. — 42 Geo. III. c. 82.* 


JJ/'ITHIN zihat limits , and with what goods, ships become liable to for - 
feiture. — If any, ship or vessel shall be found at anchor, or hover* 
ing within the limits of any of the ports of this kingdom, or within eight 
leagues of the coast thereof, or within the limits hereafter mentioned, 
or shall be discovered to have been within the said limits, such ship or 
vessel not proceeding on her voyage, wind and weather permitting, 
(unless by distress of weather,) having on-board any brandy or other 
spirituous liquors^ in any vessel or cases which shall not contain 60 
gallons atJeast, or having on-board any wine in casks, (provided such 
vessel, having wine on-board, shall not exceed 60 tons burthen,) or 6 
pounds weight of tea, or 20 pounds weight of coffee, or any tobacco 
or snuff, which, taken together or separately, shall exceed one hundred 
pounds weight, or any goods whatever liable to forfeiture upon import¬ 
ation, then such goods, .with the ship and furniture, shall bo forfeited. 


* By the 43 Geo. ITI. c. 29, the particular clauses of the 5 Geo- I c. 11, relating 
to such foreign goods as shall be taken in at sea, out of any ship or vessel, in order ro be 
landed, or put into any other vessel or boat; and to goods not reported and found, after 
clearing ships ; and to the remedies provided against relanding goods prohibited, and 
foreign goods shipped for exportation ; to the altering the package of goods on-board of 
ships outward-bound ; and to hovering vessels of 50 tons or under ; .0 the packages in 
which coffee shall be exported ; to rum imported in casks, &c. not containing 20 gal¬ 
lons,; and also, relating ro. certificate goods entered for exportation to Ireland ; are con¬ 
tinuer; in force until sgth-Scpt. 1809, and thence to the end of the then next session 
of parliament. 

Spirits 




SMUGGLING ACTS. 


319 


Spirits for the use of the seamen, not exceeding two gallons per man, 
are excepted, and do not render the vessel liable to seizure. — 24 Geo. 
III. c. 47, § 1. — 34 Geo. III. c. 30, §-8.— 42 Geo. III. c. 82, § I. 

[The limits above-mentioned are these: viz. within a supposed straight 
line from Waln&y-island, in Lancashire, to Great Ormshead, in Den¬ 
bighshire ; within a supposed straight line from Burdsey-island, in Car¬ 
narvonshire, to Stumble-Head, in Pembrokeshire; within a ^supposed 
straight line from the Lizard, in Cornwall, to the' Prall, in Devpn-shire* 
within a supposed straight line from the Prall, in Devonshire, to the Bill 
of Portland, in Dorsetshire; within a supposed straight line from Cromer, 
in Norfolk, to the Spurn-Head, in Yorkshire ; withip a supposed straight 
line from Flamborough-Head, in Yorkshire, to the Staples, in Nor¬ 
thumberland ; within a supposed straight line from the Mull of Galloway, 
in Scotland, tolhe point of Ayre, in the Ise of Man. 34 Geo. III. 
c. 30, § 8.*] 

If without the privity of the master . -r- On proof given, from the small¬ 
ness of the quantity of such goods, and other circumstances of the case, 
that they were on-board without the privity of the owner or master, such 
vessel shall not be forfeited, if more than 100 tons burthen. 24 Geo. III. 
c. 47, § 2. But such goods to be forfeited, and treble their' value re¬ 
covered of the person in whose possession they were. § 3. 

What description of vessels are liable to forfeiture. — A 11 vessels of the 
following descriptions, belonging, in the whole or in part, to British 
subjects, found within the limits above-mentioned, together with the 
goods laden on-board, their guns, tackle, and furniture, shall be for¬ 
feited ; viz. cutters, luggers, shallops, wherries, smacks or yawls, (of 
what built soever,) unless such cutter, &c. shall be square-rigged, or 
fitted with a standing bowsprit, the keel of which shall be fixed to the 
main-deck by an iron clasp, such clasp to be without bits, securely 
bolted through the bowsprit and beam of the said deck, and the said 
bowsprit to be steeved or elevated at least two inches in every foot 
from the straight line of the range of the deck, and rigged with a fixed 
stay for the jib to work upon, which stay shall not be less than a two- 
inch rope for a vessel of 20 tons, and shall increase not less than half- 
an-inch for every other ten tons ; aud the said bowsprit to be without a 
traveller or other materials to conduct the jib out and in upon the said 
bowsprit, and without any flying jib set thereon in any manner what¬ 
ever. 24 Geo. III. c. 47, § 4. — 34 Geo. HI. c. 50, § 7. — 35 Geo. 
III. c. 31, § 1. — All vessels, of any other descriptions, whose bot¬ 
toms are clench-woik, unless square-rigged, or fitted as sloops with 
standing bowsprits; all vessels, the length of which is greater than in 
the proportion of 3| feet to 1 foot in breadth ; all vessels armed for re¬ 
s' The 42 Geo. III. c. 82, which increased the specified distance of vessels found! 
hovering off the coast, from four to eight leagues, has not, however, altered such dis¬ 
tance of four leagues, as to the toast between the North Foreland, on the coast of Kent, 
and Beachy-Head, on the coast of Sussex : provided, that the distance of eight leagues 
may be measured in any direction from Beachy-Head. . 

By this act it is also enacted, that, though on any trial relating to seizures it shall 
appear doubtful whether the vessel was within the limits above-mentioned, yet the jury 
may find a verdict for the crown, if they are satisfied that the vessel had prohibited 
goods on-board, or goods liable to the payment of duties, and was then bound for or 
hovering about for the purpose of the clandestine importation of the same 

By the 39 and 40 Geo. III. c 51, §..17, the owner of every vessel, licensed under 
the 24 Geo. IIT. c. 47, shall, before it sails, give bond t hat the same shall not be found 
hovering within the limits specified in that act ; and also, that the vessel shall not be 
engaged in any other trade or employment than what is set forth in the bcense. 

sistance 


350 


SMUGGLING ACTS. 


sistance (21 Geo. TIL c. 47, § 4); all cutters, luggers, shallops, wheiv 
ries, sloops, smacks, or yawls, having tf bowsprit which shall exceed 
in length more than two-thirds the length of such cutter, &c.- 
from the fore-part of her stern to tlje aft-side of the stern-post aloft, 
whether the same shall be a standing or a running bowsprit (27 Geo. 
III. c. 32, § 1 ); all cutters, luggers, shallops, wherries, smacks, yawls, 
or boats, which shall be found, ;-r discovered to have been, within the 
limits of any of the ports of this kingdom, or within the distance of eight 
leagues from the coast thereof, or within any of the supposed straight 
lines mentioned before in the 34 Geo. III. c. 50, § 8 ’, having on board 
any arms or ammunition whatever, except by license from the Admi¬ 
ralty ; and except, likewise, any cutter, &c. belonging to his Majesty’s 
navy, victualling, ordnance, customs, excise, or post, office; and any 
cutter, &e. or lighter, used solely on inland navigation ; and any cut¬ 
ter, &fc. which shall be wholly and solely employed in the cod, her¬ 
ring, mackarel, or other fisheries, having on board sufficient quantity 
of hooks and lines, and clearing out for the said fisheries# 34 Geo. III. 
c. 50, §11. 

Exception of some vessels from forfeiture. — No vessel,-arriving from 
Russia before the first of December, 1784, shall be forfeited on account 
of her built, or for having on board arms or ammunition. 24 Geo. IIL 
c. 47, § 6 . — No vessel, on a voyage from any part of America, the 
Last and West Indies, Africa, or the Mediterranean, shall be forfeited 
for her built; for having spirits, tea, coffee, tobacco, or snuff, oil 
board, or for being armed. Those in the service of his Majesty’s navy, 
victualling, ordnance, customs, excise, or post, office, shall not be for¬ 
feited for their built or for being armed. Those, whose owners have 
tdie license after-mentioned, shall not be forfeited for their built, or for 
Being armed agreeably to such license. Lighters and barges, used solely' 
in rivers, shall not be forfeited. Ships or vessels, with arms and am¬ 
munition, regularly entered, and cleared, at any custom-house in his 
Majesty’s dominions, as merchandise, or for the use of the British gar¬ 
risons, or for the necessary defence of such ship, by license, shall not be 
forfeited on account of such arms and ammunition. 24 Geo. III. c. 47 , 
§ 7. 34 Geo. III. c. 50, § 11 . 

The license before-mentioned. — No fee is to be taken for any license 
granted or registered in pursuance of this act. 24 Geo. III. e. 47 § 8 . 
— Owners of vessels, licensed as aforesaid, are to produce their licenses 
to the proper officers at the port of exportation, before sailing; and 
likewise to produce the same to the proper officer at the port of arrival. 
§ 9. The licenses are to specify the tonnage of each vessel; and de¬ 
scribe whether she is a cutter, lugger, shallop, or wherry; of what 
built she is; who arc tire owners thereof; for what place she is about 
to sail, what quantity and number, and what sort, of arms and ammu¬ 
nition she is licensed to have on board. The owners are likewise to 
give security to his Majesty, in double the value of such ship or vessel,- 
to the satisfaction of the collector, comptroller, or proper officer, of the 
customs, that the ship shall not be employed in the importation or land¬ 
ing of tea, or any foreign spirits, or any prohibited goods, &c. § 10 . 

Allowance of anus. —Two carriage-guns, of a calibre not exceeding 
4 pounds, and 2 muskets to every ten men are allowed to every ship or 
vessel*; but no cutter, lugger, shallop, wherry, smack, yawl, or boat, 
is permitted to have arms on board. 24 Geo. III. c. 47 , § 5 ; and 34 
Geo. IIJ. c, 50. § 6 '. 


Persons. 



SMUGGLING ACTS. 


551 


Persons shooting at officers, fyc. — If any person shall maliciously shoot 
at any ship, vessel, or boat/ belonging to his Majesty’s navy, or in the 
service of the customs or excise, within the limits of any port In Great 
Britain, or within four leagues from any part of the coast thereof, or 
shoot at, or dangerously wound, any officer of the navy,' customs, or. 
excise, or any of their assistants, acting in the execution of their duty, 
or within the limits of any port, or within four leagues of any part of 
the coast, of Great fouain, he shall suffer death as a felon. § J 1 . 

Offenders not surrendering. — If any person be charged with any of¬ 
fence made felony by this act, and do not surrender’himself after pro¬ 
clamation made tor that purpose, lie shall be deemed a felon, as if he 
had been convicted. § 12 . 

Harbouring offenders. ' —Any person harbouring such offenders, after 
the time appointed tor their surrender, and being prosecuted within a 
year after, shall, on conviction, be guilty of felony, and be transported 
for seven years. §. 13. 

Apprehending offenders. — Nothing herein contained shall be construed 
to prevent the apprehension of such offenders by the ordinary course of 
law. §.14. # 

Persons obstructing officers, fyc, — Persons opposing, obstructing, or 
assaulting, officers of his Majesty’s navy, or in the service of the cus¬ 
toms or excise in the execution of their duty, may be carried before a 
justice, who may commit them for trial : and, upon conviction, shall 
be sentenced to hard labour on the river Thames, or to the house of cor¬ 
rection, for a term not exceeding three years. 24- Geo. III. c. 47, 
§. 13. —34 Geo. III. c. 50, §. 5. — But justices (before whom offend¬ 
ers may be brought) may either commit such offenders upon this pr - 
sent act, or upon tfiat of the 19 Geo. III. c. 69, if their offences fall 
within the provisions of the latter. 24 Aeo. III. c. 47, §. 16. 

Trial of offences. — Offences may be tried in any county in England 
or Wales, in such manner as if the fact had been actually committed 
within such county. §. 17. — Offences committed in Scotland, or within 
the limits of any port therein, or within four leagues of the coast there¬ 
of, are to be tried in Scotland. §. 18. 

What bail. — Persons, taken before a justice for any thing, deemed a 
misdemeanor by this act, are not to be admitted to bail, without enter¬ 
ing into a recognizance for their appearance; themselves in 20 01. and 
two sureties in 100 /. each, §. 19 and 20. 

Provision for the families of officers, Sfc. killed or wounded. — In at! 
cases where any officer or .seaman shall be killed, maimed, or wounded,, 
in the due execution of his office, it shall be lawful for the commission¬ 
ers of customs and .excise, respectively,, to make such provision for the 
•same, or for their widows and families, as the lords of the Treasury 
shall, by their warrant, empower them to do. §. 21 . 

Revoard for taking offenders. — Commissioners’of customs in England 
and Scotland are empowered to reward officers, &c. who shall take of¬ 
fenders against this act. §. 22 . 

Suspected vessels not bringing to. — If suspec ted vessels shall not bring, 
to, when required or when chased by any cutter, or other vessel, in tire 
service of bis Majesty’s navy, and having the proper pendant and en¬ 
sign of his Majesty’s ships hoisted ; or being ih the. service of the cus¬ 
toms or excise, and having their pendant and ensign hoisted, with such 
marks thereon as are usual in a blue-field; the commander may snoot 
into theni: arid, if lie be prosecuted, he and his aiders shall be admit¬ 
ted to bail, §. 23. . . . *y 3 

Colon/*, 


SMUGGLING ACTS. 


5 2 

Colours. — Alt vessels, not in the service of the navy, customs’, or 
excise, are not to hoist,such pendant, 'on penalty of 500 /. §. 2i. 

Boats 'liable to forfeiture. —The penalties and restrictions, in the act 
of 8 Geo. I. c. 18 , and in 19 Geo. III. c. 69 , relating to certain de¬ 
scriptions of Loats, &c. are extended, by this ,section, to all boats, 
wherries, pinnaces, barges, galleys, and other vessels, which exceed 
23 feet in length from the fore part of the stern to the after-side of the 
stern-post aloft, and the length of which shall be greater than in the 
proportion of 3 feet and h .to one foot in breadth, subject nevertheless 
to the provisoes and exception's in the said acts, not altered by this 
act. * §. 25. 

Ships arriving in ballast. — Masters of vessels^ in ballast, arriving at, 
or going out from, any port in this kingdom, shall, if called upon, "hiake 
a true report of their vessels, and answer questions relative to the 
voyage, put to them by the proper officer at such port, on penalty of 
1 00/. No additional fees for such report to be paid by the master. 
§. 26 

Wine imported. — Wine, imported in any vessel of boat not exceed¬ 
ing 60 tons burthen, shail, together with the vessel and its tackle, &c. 
be forfeited. §. 27 . 

Packages for exportation, contents unlcnoim , may be opened: — Goods 
not reported. — When the master of any snip or vessel reports any goods, 
contents unknown, for exportation in the same ship or vessel, such pack¬ 
ages, &c. may be opened and examined by the officers ; and, if prohi¬ 
bited goods be found therein, they shall be forfeited ; but, if such goods 
shall not be prohibited, then they are to be charged with the customary 
duties. And all goods found on-board a ship or vessel, not reported, 
shall be forfeited. §. 28 . 

Tea and spirits seizable by officers of customs. — Officers of the customs 
have the like power of seizing, &c. tea’and spirits, removing without 
permits, as the officers of excise have. §. 29 . 

Justices to determine seizures. — All seizures, of horses, carriages, &c.' 
whatsoever, for any cause of forfeiture contrary to this or any other act 
of parliament for preventing frauds in the customs, shall be heard and 
determined by two justices resident near the place of seizure ; which 
determination shall be final. §. 30 . 

Where seizures may be sold. — This section repeals such part of the act 
of the 21 Geo. III. c. 55 , or any other, which enacts, that all seizures 

* The 8 Geo. I. c. 18, § 3, enacts, That any boat, wherry, pinnace, barge, or 
galley, rowing, or built to row, with mote than 4 oars, which shall he found on the’ 
water, or in any barge-house, &c. within the counties of Middlesex, Sutrv, Kent, or 
Essex, or in the river Thames, either above or below London-bridge, or within the 
limits of the ports of London, Sandwich, or Ipswich ; the same, together with ail her 
furniture, Sec. shall be forfeited ; and the owner, or person using the same, shall forfeit 
the sum of 40/. — Sect. 4 of this act provides, that it shall not extend to any barge or 
galley belonging to his Majesty or the royal family, or to any merchant-ship’s long¬ 
boat, yard, or pinnace, or to such boat, See. as shall he licenced by the lords of the 
Admiralty. — Sect. 5 enacts, That no such license shall be granted, unless security be 1 
given that the boat, See. shall not be used in the running of uncustomed goods, Sec. 

The act of 19 Geo. III. c. 69, § 3, extends these restrictions, penalties, and for¬ 
feitures, to all boats, wherries, pinnaces, barges, galleys, or other vessels, whatever, 
rowing or built to row, with more than 6 oars, which shall be found within any har¬ 
bour, port, or plate, whatsoever, in any other part of Great Britain, or within z leagues 
of the coast thereof, subject to the several exceptions in the 4th sect, of 8 Geo. I. c. 18. 
The 5th section of this act of the 19 Geo. III. c. 69, ehacts, That it shall not extend 
to row-boats belonging to licensed pilots, within the ports and jurisdiction of the city 
of Bristol. 


SMUGGLING ACTS. 


3 53 


shall lie sent to some warehouse, either in London or 'Edinburgh, re¬ 
spectively, in order to be there sold ; and makes it lawful for the com¬ 
missioners of customs to sell the same in such places as they shall think 
proper. '§. 31 . 

(Jjjiccrs acting collusively .— If any officer of his Majesty's navy, cus- 
t<>uis, or excise, shall make any collusive seizure, or agree not to seize 
a;.y ship or goods, or take any bribe, they shall forfeit 500 /< and be 
'incapacitated. And every person, giving or offering such bribe, shall 
forfeit 500 /. . §. 32 . 

By whom vessels and goods are sellable. — Vessels and goods forfeited 
by this act, or by the 10 Geo. III. c.. Q 9 , may be seized by any officer 
of the customs or excise. §. 33 .. 

Condemned vessels. — If condemned vessels be fit for his Majesty’s 
service, they may, instead of ; being broken up, be sold to the• officers 
appointed by the lords of the admiralty, or commissioners of the navy, 
tor that purpose: one half pf the produce of such sale to be paid into 
the Exchequer for his Majesty, and the other half to the officer who 
prosecuted for the same. §. 34 -. 

Vexatious suits. —This section extends the regulations for preventing 
vexatious suits against excise-officers, to custom-house officers. §. 35. 

Claims by owners. — No claim to be entered to any vessel or goods 
seized and returned into the Exchequer, except in the real names of 
the owners or proprietors thereof. §. 36 . — And every claimant (if re¬ 
sident in Great Britain) shall be bound with two sureties, in a penalty 
of 1001. to pay the costs occasioned by such claim ; but, if not resident, 
his attorney shall be bound in like manner. §-. 37 . 

Application of penalties. —One half of the penalties and forfeitures in 
fhis act mpntioned shall be to the use, of his Majesty; and the other 
halt’ to the use of the persons informing, prosecuting, or suing for the 
s?me : except such penalties and forfeitures as are ordered to be applied 
in a different manner. §. 38 , 

When actions are to be brought. — All actions, inconsequence of this 
act, to be brought or commenced within three mo’nths next after the 
mailer or thing done. If the plaintiff' be non-suited, the defendant to 
recover treble costs. §. 39 . — But no prosecution to be commenced tor 
any pecuniary penalty incurred by offences against the custom or excise 
laws, committed before the 24 th of June, 1784 . §. 40 . 

Release of former offences. — Bv this section, his Majesty relinquishes 
his share of all fines due on former convictions. And all persons, who 
have been outlawed for the same, may, by application to the court, 
have the outlawry reversed. §. 41 . — .But if any person, after claiming 
the benefit of this act, shall bring an action against any officer of the navy, 
&c. for any thing done <n occasion of the offences intended to be re¬ 
leased by this act, such claim shall be deemed to be an absolute discharge 
to such officer, &c, and he shall recover his costs against the persons so 
bringing such actions, &e. §. 42 . 

Sections 43, 44, 45, 46 , 47 , 48 , 49 . These 7 last sections of this 
act relate to circumstances which do not affect the merchant or ship¬ 
master. 

By the 42 Geo. III. c. 82 , every person making, qr assisting in mak¬ 
ing, lights, fires, or any other signals, on the c oast, as private signals 
to smuggling-vessels, between sunset and sunrise, between the 21st 
day ol September and the lstol Apfi^ i>r between the hours, ot eight 
in the evening and six in the morning, between the last day ot March 
and 22d of September ; such person, so offending, shall• forfeit IOC/. 

A a (one-fourth 


SMUGGLING ACTS. 


354 

(one-fourth of which goes to the informer,) to be levied by distress,' 
&c. or be imprisoned for any time not exceeding twelve months, and 
be deemed a rogue and vagabond, within the meaning of 17 Geo. II. c. 5 . 

Abstract of so much of an Act as makes farther Provisions in regard to such 
Vessels as are particularly described in the Act of the 24 Geo, III. c. 47 , 
and for extending the said. Act to other Vessels and Boats not particularly 
described therein. 27 Geo. III. c. 32 . 

1 . Certain, vessels liable to forfeiture. — From the 1st of June, 1787 , 
in case any cutter, lugger, shallop, wherry, sloop, smack, or yaul, 
belonging, in the -whole or in part, to any of # his Majesty’s subjects, 
shall be found within the limits of any of the ports of this kingdom, or 
within eight leagues of the coast thereof, having a bowsprit which.shall 
exceed in length more than two-thirds of the length of such cutter, lug¬ 
ger, shallop, wherry, sloop, smack, or yaul, from the fore-part of her 
stern to the aft-side of the stern-post aloft, (whether the same shall be 
a standing or a running bowsprit,) everv such cutter, lugger, shallop, 
wherry, sloop* smack* or yaul, with all her guns, furniture, ammuni¬ 
tion, tackle, or apparel, shall be forfeited, and shall and may be seized 
by any officer of the customs or excise. 

2. Names painted upon ships * boats. —The owner of every ship shall 
cause to be painted, upon the outside of the stern of every boat belong¬ 
ing to such ship, the name of such ship, and the port or place to which 
she belongs, and the master’s name within-side of the transom, in white 
or yellow Roman letters* not less than two inches in length, oil a black 
ground, under the pain of forfeiting every such boat; or such boat shall 
and may be seized by any officer of the customs or excise. 

3 . And upon other boats. —The owner of any boat, not belonging to 
any ship, shall cause to be painted, upon the stern of every such boat, 
in white or yellow Roman letters of two inches in length, on a black 
ground, the name of the owner of such boat, and the port or place to 
which the same belongs under the pain of forfeiting every such boat, 
which shall be found within the limits of any of the ports of this king¬ 
dom, or within 8 leagues of the coasts thereof, without having the name 
of the owners of such boat so painted; and such boat shall and may 
be seized by any officer of customs or excise. 

4 . Vessels xiith licenses not liable to forfeiture. —Provided alw r ays. That 
nothing in this act shall extend to forfeit any cutter, lugger, shallop, 
wherry, sloop, smack, or yaul, nor any vessel or boat whatever, in the 
service; of his Majesty’s navy, victualling, ordnance, customs, excise, 
or post; office ; nor any cutter, lugger, shallop, sloop, smack, or yaul, 
nor any vessel whatever, the owner of which shall have a license for 
navigating the same from the commissioners of the Admiralty, agree¬ 
ably to the rules, regulations, and conditions, of the act of the 24 Geo. 
III. c. 47 , nor any lighters nor barges used solely in rivers or inland 
navigations. 

5 and 6. Unless out of the limits mentioned in the license. — In case any - ' 
cutter, lugger, shallop, wherry, sloop, smack, or yaul, or any ship, 
ves el, or boat, whatever, which shall have, from the commissioners of 
the Admiralty, pursuant to this or the said act of the 24 Geo. III. c. 
47 , a license, limiting the navigation or trade of such cutter, lugger, 
&c. to and from, or within, any particular port or place, and such 
cutter, lugger, &c. shall be found in any other port or place than that 
to and from, or within, which she shall, be so licensed to navigate or 

trade 


SMUGGLING ACTS. 355 

Lade, such cutter, lugger, &c. shall and may be seized and prosecu¬ 
ted in the same manner as- she might be, or would have been, in case 
she had no license; unless it shall be made appear, to the commission¬ 
ers of customs, . that such cutter, lugger, &c. was : driven or forced 
thither bv unavoidable necessity or distress of weather.* 

7. Matters to produce their licenses. — The master or commander of 
any cutter, lugger, shallop, wherry, sloop, stuack, of yaul, or of any 
ship, vessel, or boat, which, by the said act of the 24 Geo. III. c. 47, 
is or arc required to be licensed as aforesaid, shall produce such license 
to every officer of the customs or excise, who shall board them within 
the limits of any port of this kingdom, or within 8 leagues of the coasts 
thereof, if required by such officer; and, in case any such master or 
commander of such cutter, lugger, &c. shall not have such license on¬ 
board, or shall not produce such licence, or if the license is produced 
without an indorsement thereon, that the proper security lias been 
given to the collector of the port to which such cutter, lugger, Szc. 
shall belong, it shall and may be lawful for such officer to seize such 
cutter, lugger, &c. and the same shall be forfeited. 

8. IIoiv seizures are to be disposed of. — Every cutter, lugger, shallop, 
wherry, sloop, smack, or yaul, and every ship, vessel, or boat, seized 
in pursuance of this act, shall be disposed of, and the produce thereof 
applied in such manner, and under such rules, regulations, and restric¬ 
tions, as are directed tor vessels and boats forfeited by the said act of 
24 Geo. II. c. 47. 


Abstract of so much of the Act of 2S Geo. III. c. 34, as relates to the Pre? 

. vention of Smuggling. 

Regards to officers seizing. —From the 24th of June, 1788, the com¬ 
missioners of customs and excise in England, and the commissioners of 
customs t hi Scotiancf, shall reward any officer of the customs and ex¬ 
cise who shall seize ally vessel or boat which by law shall be liable to 
be broken up after condemnation, and not used in his Majesty’s service, 
in the following manner; that is to say, they shall cause to be. paid to 
such officer 10*-. per ton, according to the legal admeasurement thereof 
for all such vessels and boats as shall exceed four tons by admeasure¬ 
ment ; and 40. for every such boat as shall not exceed four tons; and 
also one moiety of the produce of the materials of such vessels and boats, 
after deducting therefrom the charges of condemnation and sale. 

Commissioners may sell certain vessels. — Whenever it shall appear, to 
the said commissioners, that any vessel under seizure, and which, on. 
condemnation, is now by law liable to be broken up, is of such built 

* From July r, 1798,'any cutter. See. having a license, but being engaged in any 
other trade'or employment than that for which licensed, although within the limit 1 - 
prescribed by the license, may be seized and prosecuted, as if she had no license what* 
ever .—^ 3$ Geo. III. c. 33. ' 

And, by 39^and 40 Geo. III. c. 51, § 17, the owner of every, ship, vessel, or’post, 
licensed in pursuance of any of these acts, shall, before it sails, give bond that the 
same shall not be found at anchor or hovering within 4 leagues ot the coast \ nor within 
the distances and situations described in the 34 Geo. 111 . c. 50, § 8 ; (See the begmnnig 
of this chapter ;) nor without of the. Jimiis within which such ^hip. See. is licensed to 
trade; and shall also give bond'that she shall not be engaged in any other trade than 
that for which she is licensed. 

f The commissioners of excise in Scotland arc, in like manner, required to toward 
their officers, by 35 Geo. III. c. 31, §2. 

A a 2 and 


SMUGGLING ACTS. 


356 

and construction as not to be calculated for smuggling, but be suitable 
for fair merchandise, in every such case, the said commissioners may 
cause every such vessel to be sold after Condemnation, instead of being 
broken up ; and the produce arising therefrom shall be disposed of in like 
manner as the produce of vessels not liable to be broken up after 
seizure.* 

Perishable goods seized may be delivered upon security. —In case any 
goods or commodities shall be seized as forfeited, in pursuance of any 
act of parliament relative to the trade and revenue of the British colonies 
and plantations in America, it shall and may be lawful tor the judge of 
any court, haying jurisdiction to try and determine such seizure, to 
order the delivery of such goods or commodities, on sufficient security, 
by bond, being given to answer double the value of such goods in case 
of condemnation. But the collector and comptroller of the customs 
shall, previous to the execution of the bond, make inquiry into the suf¬ 
ficiency of the sureties; and, if they are found of ability to answer the 
sum in which they are about to be bound, they shall then certify the 
same to the judge of such court: and, upon the production of such cer¬ 
tificate, if the judge is also satisfied with the sufficiency of the sureties, 
the bond shall be executed, but. not otherwise; which bond shall be 
delivered to and kept in the joint custody of the same collector and 
comptrollerand, fn case the goods or commodities for which such 
security shall be so taken shall be condemned, the value thereof shall 
be paid into the hands of such collector, conformably to tfic condition 
of the bond ; who shall thereupon, with the consent and privity of his 
comptroller, cancel the bond so given as aforesaid. 

This, act shall not extend to authorise or permit the delivery of any 
goods or commodities whatever, but only in cases where the same shall 
be perishable, or where the informer or prosecutor shall delay coining 
to as speedy a trial as the course of the court in which the prosecution 
shall be commenced, and the nature of the circumstances, will 
permit. 

Certain open boats liable to seizure . — From the 1st of August, 173S, 
in case any open boat, belonging, in the whole or in part, to any of his 
Majesty’s subjects, of the length of 23 feet and upwards, built tor row¬ 
ing or sailing, the length of which shall be greater than in the propor¬ 
tion of 3 feet and a half to 1 foot in breadth, to be measured by a straight 
line from the fore-part of the stem to the ait-side of the transom, or stern- 
post aloft, shall be found, either upon the water, within any port of the 
kingdom of Great Britain, or member or creek thereof, or within eight 
leagues of the coast of Great Britain, or in any place upon land in Great 
Britain, such open boat shall be forfeited, and shall and may be seized 
by any officer of the customs or excise : and in case any open boat, 
which shall be built for rowing or sailing, belonging, in the whole or in 
part, to any of his Majesty’s subjects, and being of the length of 18 feet, 
and under the length of 21 feet, from the fore-part of the stem to the 
aft-side of the transom, or stern-post aloft, and the depth of which shall 
be greater than in the proportion of one inch and a quarter to every foot 
in length, (such depth to be taken from, the upper part of the plank next 
the keel to the top of the upper-strake, whether such upper-strake shall 
be fixed to the boat, or shall be used as loose or shifting wash-st rakes,) 
such boat shall be forfeited, and shall and may be seized by any officer 

* % 43 Geo. III. c. 128, such vessels may alsQ, during hostilities, !>e sold to 
^ruate persons, to be used against the enemy, under cumtsffinon 1‘rom the Admiralty. 


SMUGGLING ACTS. 357 

©r officers of the customs or excise, together with the ship or vessel to 
which such boat shall belong.* 

All open boats, belonging as aforesaid, of 24 feet ancl upwards, the 
depth of which shall be greater than in the proportion of one inch to one 
foot in length, (such depth to be taken as he re in-before mentioned J 
shall and may be seized by any officer of the customs or excise. 

Exemptions of other boats -.—This act shall not extend to forfeit any 
boat on account of her built, employed in his Majesty’s navy, victual¬ 
ling, ordnance, customs, excise, or post, office,; or which is used in 
any canal -or inland navigation, nor to any boat'wliat6vef, the owner 
of which shall'have a license from the lord high-admiral of Great Bri¬ 
tain, or the commissioners of the Admiralty lor the time being, if such 
license shall be actually on-board such boat at the time of her being 1 de¬ 
tained or examined ; nor boats which .shall be constructed and built 
vv'f.th timbers and plank not less than the following scantling : viz. An 
open boat from 20 to 2 5 feet in length, having plank three quarters of 
an inch thick, and timbers l£ inch square ; from 25 to 30 feet in length, 
having plank l£ inch thick, and timbers 2 inches square; from 30 to 
35 feet in length, havi'jng plank ] finch thick, and timbers 3 inches 
square ; from 35 to 40 feet in length, having plank 2 inches thick, and 
timbers 4 inches square ; from 40 to 50 feet in length, having plank 2 
inches thick, and timbers 5 inches square; from 50 feet and upwards 
in length, having plank 3 inches thick,, and timbers 6 inches square. 


CHAP. XXII. 

Abstract of an Act for regulating t fa k Production o? 

Manifests, and for more effectually preventing frau¬ 
dulent Practices in obtaining Bounties and Drawbacks,, 

AND IN THE CLANDESTINE Re-LANDING OF GpODS, 26 GtQ,- 

III. c. 40. 

' Manifest of goods on-board. 

■Sect. TfROM the times herein-after mentioned, no goods shall be im-> 

1. ported into Great Britain from parts beyond the seas, in any 
ship or vessel belonging to his Majesty’s subjects, unless the master or 
commander thereof shall have on-board a manifest, or content, in writ- 

* The following description of boats may likewise be seized, together with the cut¬ 
ter, lugger, Sc c. to which it shall belong, if found either upon the water within any 
p rt of Great Britain, or member or creek thereof, or within 8 leagues of the coast, 
or within any of the supposed straight lines, mentioned before in 34 Geo. Hi. c. 50, 

§ 8, in'any place upon land: viz. any open boat, b uj! t for rowing or sailing, or hr 
rowing and sailing, belonging in the whole or in part to any of l;i.s Majesty’s subjects,, 
and being of the length, of 14 feet, and under 18 feet, (measured from the fete-part 
of the stem to the aft-side of the stern-post aloft,) and the depth of >vhich ( shall be 
greater than in the proportion of one inch and a quarter to every Lot in' length, such 
depth to be takei/ from the upper part of the plank next the kec-1 to the top of the 
upper stroke, whether such upper strake be fixed or .shifting; unk-.s, such boar- shall* 
have plank of three-quarters of an inch thick, and her timbers, one, inch and, a’ naif 
square, and not more tha:yninc indies distance from timber to timber, 34 Geo. HI, 
c. <^o, § 9. But this act exempts from seizure any whale-notff; iv;lodging tofsh.ips em¬ 
ployed in the fisheries of Greenland Seas, Davis’s Straights, or in' any fishery ro thd" 
southward thereof,, if such whale-boat be either employed in no other way than db. those.: 
fishcrice, or be |a|<f up out oJ use, according to the Jaws of tlv.se qta- *ies. 34 ycc. IJi. 
c. 50, § 10. 


- A a 3L 





35 S 


MANIFEST ACT. 


ing, signed by such master or commander, containing the names of the 
several ports or places where the goods, in such manifest mentioned, 
shall have been respectively laden, the name and built of such ship or 
vessel, and the true admeasurement or tonnage, according to the regis- ; 
ter, with the Christian and sur name of the master or commander, and 
the port to which such ship or vessel belongs ; and a true account of all 
the cargo, and of all packages of goods, so laden on-board, with the . ] 
several marks; and the particulars of the cargo which is stowed loose; y 
and of the following particulars, in words at length, that is to say, the $ 
several and respective numbers of the packages, with a particular des¬ 
cription thereof,, whether, leaguer, pipe, butt, puncheon, hogshead* 
barrel, or oth^r cask or package, describing such other cask or package* f 
by its usual name; or whether case, bale, pack, truss, chest, box, 
bundle, or other package, or by such other name or description as the 
same is usually called or known. 

‘2. Manifest of nine. — No wine shall be imported into Great Britain, 
from any foreign parts not belonging to Great Britain, in any ship or 
vessel, unless the master or commander thereof shall have;on board a ma¬ 
nifest, in writing, and signed by such master or commander, before the . 
clearing of every such ship or vessel from every such port where such 
wine shall be laden on-board, containing the name ot the respective 
ports or places where the wine, mentioned in such manifest, shall have 
been .so laden on-board ; the name and built of such ship or vessel, and 
the true admeasurement or tonhage thereof;- together with the Christian 
and sur name of the master or commander, and the port to which such 
ship or vessel belongs ; and a just account of the whole quantity ot 
wine, distinguishing the quantity of each different kind, so taken on¬ 
board, and of the marks of the different packages, and, if known, the 
names of the persons to whom the wines are consigned : and also, in 
words at length, the numbers of the packages, with a description 
thereof, whether leaguer, pipe, butt, puncheon, hogshead, barrel, or 
other cask or package, or by what name or description such other cask 


or package is called or known. Provided that nothing shall extend to 


permit any goods, which are required to be accompanied with certih-* 
cates or other documents, to be imported into Great* Britain without 
such certificate, &c. but the same shall be accompanied, as well with 
such certificate, &c. as with the manifest before-directed ; and^on* 
failure, the goods shall continue to be liable to all the duties and restric¬ 
tions, and to the fines and forfeitures, to which the same are subject by 
law. 


3. How 'hips are to clear out for Great Britain. — Before any ship or 
vessel shall be cleared out for Great Britain, from any foreign parts be¬ 
longing to Great Britain, the master or commander thereof shall deliver 
the manifest, in writing, hereimbefore required, to the collector of the 
customs there, and, if there shall not be a collector of the customs there, 
then to the chief officer of the customs; and, if there shall not be any 
officer of the customs there, then to the.principal officer or magistrate, 
or some other person by him specially appointed, resident at or nearest 
o such place ; which said collector, or other chief officer, &c, shall 
cause a duplicate to be made, and indorse, upon the original manifest, 
his name, with the day and year on which the same was produced to 
such collector, &c. and shall then return the said original manifest, or 
content, to the said master, on the clearing of any such ship or vessel; 
and such collector, or other chief officer, shall, upon tire clearing of 
every such ship or vessel, immediately transmit the said duplicate of 

such 



MANIFEST ACT. 


2b ft 


such rianifc.t to the collector and comptroller of his Majesty’s customs 
at the port in "Great Britain to which the goods are consigned, and to 
which the manifests refer. 

k Hovj ships with wine are to dear out for Great Britain. — No sort of 
vine shall be admitted to an entry into Great Britain, in any ship or 
ressel whatever, from any port not belonging to Great Britain, unless 
the master or commander thereof, importing the same, shall, before his 
departure from the port where such wine is shipped, verify, upon oath, 
the truth of the contents of the said manifest before the British consul, or 
other chief British officer, if there shall be any such resident at or near 
the port where such wine shall be taken on-board. 

5. Consequence of not having a manifest. — If any goods, shall be im¬ 
ported into Great Britain, in any ship or vessel belonging to his Majes¬ 
ty’s subjects, from an)- foreign parts, without such manifest, or shall net 
be described therein, or shall not agree therewith ; or if any wine shall 
be imported into Great Britain, by any such ship or vessel, without a 
manifest so verified as aforesaid ; in every such case, the master or com- - 
mander thereof shall forfeit double the value of such goods, together 
with the full duties payable on the same. 

6. JUanifests-to be produced. — Every master or commander of any 
ship or vessel, belonging to his Majesty’s subjects, laden with goods, 
and bound to Great Britain, shall, on his arrival within four leagues of 
the coast, upon demand, produee all such manifests, which such mas¬ 
ter or commander is required to have on-board, to such officer of 
the customs as shall first come on-board his said ship or vessel, for his 
examination, and shall deliver to such officer a true copy thereof, 
(which copy shall be provided and subscribed by the said master or 
commander of the said ship) ; and that the officer, to whom the original 
manifest shall have been produced, shall certify, upon the back thereof, 
that the same was produced, and the day and year when, and such 
copies as aforesaid were to him delivered ; and shall likew ise certify, 
upon the back of such copies, the day and year on which the same were 
produced, and transmit such copies to the respective collectors and 
comptrollers of the several ports to which the goods, by suqh manifests, 
shall appear respectively to be consigned ; and that the said master or 
commander of any such ship or vessel shall produce, to the officer of his 
Majesty’s customs, who shall first come on-board such ship or vessel, 
upon her arrival within the limits of any port in Great Britain, in which 
the cargo, or any part thereof, is intended to be discharged, such ma¬ 
nifest, and also deliver a true copy thereof; the production of such 
manifest, and the delivery of such copy thereof, shall also be certified 
to have been produced and delivered, as aforesaid, by the said’officer 
who shall so first come on-board the said ship or vessel, on her arrival 
within the limits of any such port, upon the back of the original manifest, 
with the day and year, and the time when, shell manifest was produced 
to such officer, and when he so received the said copy ; and such officer 
is required to transmit the said copy to the collector and comptroller of 
that port. Proviso, that nothing shall extend to require, of such master’ 
or commander of such ship or vessel, the delivery of more than one copy 
of the manifest which he is directed to have on-board, to the officer who 
shall first come on-board within four leagues of the coast of Great Bri* 
tain, and to none other who shall afterwards come on-board within the 
distance aforesaid; and one other copy to such officer who shall first 
come on-board within the limits of any port in Great Britain ; and to 
none other who shall afterwards come on-board within such limits, if 

A a 4 such 


560 


MANIFEST ACT. 


such master or commander of any such ship or vessel shall produce^ such 
officer his manifest, with a certificate on the hac k thereof. Pr^visckthat 
if any manifest, directed to be delivered up to the collector or comptroller 
of any port where such ship or vessel arrives, shall c ontain an account of 
goods not there lobe landed, but which shall appear to be consigned y> 
some other port in Credit Britain, then the collec tor and comptroller shall 
certify upon such manifest under their hands, such .part ot the cargo as shall 
ihbre have been delivered, and shall then deliver back the original mani¬ 
fest to the master : and so, in like manner, as often as the case shall require, • 
until -such ship or vessel shall arrive,at her last port or place of discharge. 

7 . Refusing to producemanifests .— If the master or commander of any 
ship or vessel, laden and bound to Great Britain, shall not, upon his 
arrival within the limits of any port in Great Britain, or within four 
leagues of the coast, produce such manifest to the officer of his Majes¬ 
ty’s customs, upon demand, and give such copy to the officer who shall 
first come on-board such ship or vessel, upon her arrival within any port 

, in Great Britain, where the cargo, or any part thereof, is intended to 
be discharged or landed, or shall not give an account of the destination 
of such ship or vessel, or shall give a false account of the destination 
thereof, in order to evade the production of the manifest, the master 
or commander of such ship or vessel shall forfeit double the value of the 
goods, together with the full duties payable thereon ; and, if such officer, 
first coming on-board, shall refuse to certify, on the back of such mani¬ 
fest, the production and the delivery of such copies as are required to 
be delivered, every such officer, so neglecting or refusing, shall forfeit 
the sum of 100/. 

8 . Breaking bulk.- —If, after the arrival of any ship or vessel laden 
with goods, and bound to Great Britain, either when within the limits 
of the ports of Great Britain, or within four leagues of the coast, bulk 
shall be broken, or any part of the cargo shall be unladen or unshipped, 
with intention to be laid on land, or unshipped as aforesaid within the 
limits aforesaid, before such ship or vessel shall come to the proper 
place for the discharge of her cargo, and shall be there duly authorised 
by the proper officer of the customs to unlade the some, the master or 
commander of such ship or vessel, and the mate or other person next 
in command, shall respectively forfeit ‘200/. except in case of ..unavoid¬ 
able necessity, and distress of weather, or other unavoidable accident 
or distress; of which distress the master or commander of such ship or 
vessel shall give notice, and (together with two or more of the mariners 
on-board) shall make proof, upon oath, before the collector or other chief 
officer of the customs of tire port within the limits o.f which such accident 
or distress shall happen, or before the collector or other chief officer of the 
first port in Great Britain within the limits of which such ship or vessel 
shall afterwards arrive, if the said accident or distress shall have hap¬ 
pened, not within the limits of any port, but within k leagues of the 
coast of Great Britain, 

9 . If, upon the arrival of any ship or vessel within the limits of any 
port in Great Britain, for the discharge of her cargo, there shall beany 
goods which must be unavoidably .stowed, either in the cabin, or be¬ 
tween the decks, or upon die decks, or in the steerage, forecastle, or 
other place out of the main hold,. (except such part of the cargo as is 
stowed in the chains or other parts on the outside of such ship or ves¬ 
sel,) in siu.il case the officer of the customs, who-shall first go on-board, 
shall, before he shall leave the ship or vessel, mark or seal such pack¬ 
age.-, as such officer shall be directed by the commissioners of the* < u<- 

toms,* 




MANIFEST ACT. 


set 

toms, or any four or more of them, in England, or the commissioners 
of the customs, or any three or more of them, in Scotland, and shall 
keep a particular account; which mark or seal shall not be altered or 
broken, before the goods contained in such packages shall be landed, 
cither at the quays or at such other places as shall from time to time be 
allowed, by special leave from the commissioners and officers of 'the 
customs, and an order from the proper landing-waiters, and in the ore- 
sence of such superior officer or officers, as the said commissioners of 
the customs, in England and Scotland, shall appoint to see such pack¬ 
ages opened. 

10. Marks of packages altered. —If any of the marks or seals, which 

shall have been put upon any of the packages, shall be.altered or broken 
by the master or commander of the ship or ves.se]} or by any of the crew, 
or by any other person with the consent of the. said master or com¬ 
mander, every such master or commander, and also the mate, 'or such 
person as shall be next in command to such master or commander, shall, 
for each offence, forfeit 200k . ... > 

11. Ship to be entered on arrival. —The master or commander of anr 
ship or vessel, in which such,goods shall be so imported as aforesaicl 
into Great Britain, shall, within twenty-four.hours after arrival at suelf 
places as shail.be fixed upon by the commissioners of the customs, or 
any four of them, in England, or the commissioners of the customs, or 
any three or more of them, in Scotland, to make entry, upon oath, of 
the built, burthen, contents, and lading, of such ship or vessel, v» ith. 
the particular marks, numbers, and contents, of every parcel of goods 
then laden on-board, and perform every act and thing relating thereto, 
before the collector or other chief officer of the; customs at the said port, 
in the custom-house at the same port, in the manner directed by an act 
passed in the 13th and 11th of Charles II. entitled, “ An Act for pre- 
“ venting Frauds and regulating Abuses in his. Majesty’s Customs,” 
under tire penalty of 100/.; and the said master, or other person, shall, 
at the time he so makes his report of his ship at the custom-house, deli¬ 
ver to the c ollector, or other chief officer of the customs at the said 
port, the manifest, to accompany their cargoes, and to be on-board 
every ship or vessel in which goods shall be so as aforesaid imported 
into Great Britain ; and, if the said master or commander of any such 
ship or vessel shall neglect to.deliver such manifest to the said collec¬ 
tor, or other cliie^ officer of the customs, at the time he so makes his 
report, every such master, or other person, shall forfeit 200/. 

12. .Manifest not agreeing with the -cargo. — If any package whatever, 
which shall'have been reported by the master or commander of any ship 
or vessel, shall net be found on-board the same, in conformity to such 
report; or if the goods imported shall not agree with the manifests; or 
if either the report or the manifest shall not agree with the cargo found 
on-board; then thp master or commander of such ship or vessel shall 
forfeit 200/. Provided, that, in case any goods shall be imported with¬ 
out such manifests; or in case the manifests, accompanying the goods, 
shall not agree with the report; or be* defaced, or incorrect, or not 
agree with the goods on-board; and it be made appear, to the satis¬ 
faction of the. commissioners of the customs, >hat the cargo imported 
was wholly taken on-board in foreign parts, naming the particular 
places where it .was taken on-board ‘ respectively, and that no part of 
the cargo has been unshipped since it was taken on-board, and that 
the manifest has been lost or mislaid without fraud or collusion, or that 
the same was defaced by accident, or incorrect by mistake $ in such 

• case. 


362 


MANIFEST ACT. 


case, the penalties and forfeitures herein-bcfore inflicted shall hot be 
incurred. Provided, that, in case any goods shall, from necessity, be 
taken on-board of any ship or vessel in any foreign port, for Great 
Britain, after such manifest as is required shall have been attested, in 
manner herein-bcfore directed, the master or commander of such ship 
or vessel shall make out a separate manifest of all such goods as shall 
be so taken on-board ; which manifest shall be subject to all and every 
provision in this act contained, in like manner as the manifests are sub¬ 
jected ; and, in such case, the penalties, hefein-before inflicted, with 
respect to goods imported without a manifest, shall not be incurred, if 
the urgent necessity of so taking such goods on-board shall be made 
appear to the satisfaction of the commissioners of the customs. 

13. Goods destroyed, except by necessity.-*- 1! any goods, so taken on¬ 
board in any foreign port, shall, after the arrival of such ship or vessel, 
within the limits of any port of Great Britain, or within four leagues 
of the coast thereof, or after the first production of the manifest to the 
officers of the customs, (whether such goods shall be inserted iii the 
said manifests, directed to accompany such goods, or not,) be thrown 
over-board, or staved, or in any manner destroyed, (except in case of 
Unavoidable necessity, proof of which shall be made to the satisfaction 
of the commissioners of his Majesty’s customs,) the master or comman¬ 
der of the ship or vessel, on-board of which such offence shall be com¬ 
mitted, shall forfeit 200/. 

14- Importer or consignee to make entry at the customs . — Every im¬ 
porter, proprietor, or consignee, of any goods imported into Great 
Britain, shall, within twenty davs after the master or commander of 
such ship or vessel shall have made his report upon oath, or after the 
expiration of the time within which he is required by law so to do, 
make a due entry with the collector or other chief officer of the cus¬ 
toms, at the port where the ship or vessel so laden shall arrive, of all 
the goods so by them imported therein, or of which they are the im¬ 
porters, proprietors, or consignees, and pav the full duties payable for 
such goods within the time aforesaid ; and that, if he or they shall fail 
in *o doing, it shall be lawful for the officers of the customs to convey 
such goods to his Majesty’s warehouse, al the custom-house, for the 
security of the duties; and, if the full duties are not paid within three 
months, they should be sold, and the produce applied agreeably to an 
act of the 12th of Queen Anne, entitled. An Act for the Encouragement 
rf the 'Tobacco-Trade. Proviso, that nothing shall extend to the selling 
of any goods, which may be entered and warehoused, upon bond or 
security being given for the whole of the duties due thereon. 

15. Security upon clearing outzeards. — From the 1st of August, 1786, 
it shall not be lawful for any officer of the customs in Great Britain to 
permit any ship or vessel to be cleared out, for foreign parts, from any 
port in Great Britain, until the master or commander, and the mate, 
of such ship or vessel, shall give security by bond in <£200, with con¬ 
dition* that such master or commander will not, in any time thereafter, 
land any goods, in any part of this kingdom, in any manner which is 
prohibited by law, or take the same on-board, in order to their being 
so landed, nor be concerned in fraudulently importing or landing the 
same, and will not hinder or oppose any of his Majesty’s officers of the 
customs or excise, or any other person or persons assisting them in the 
due execution of their offices ; or until such master or commander shall 
produce a certificate, under the hand of the collector or other principal 
officers of the customs at some other port or place in Great Britain, of 

such 


MANIFEST ACT. 


363 


# \ 

such security having been before given, at such port or place, to such 
collector or other principal officer,- by‘such master and mate. 

16. Goods packed for;drawback. —There shall hot be allowed to any 
person, upon the exportation of any goods entitled to drawback or 
bounty upon exportation, any drawback, bounty, or allowance, what¬ 
ever, if the.goods are in bales, press-packed, unless the different names 
and species of the goods, and the quantities and qualities, shall be veri¬ 
fied by the master-packer or master-packers, or, in case of the absence 
of such master-packer, by sickness or other unavoidable necessity, by 
the foreman, or other servant, who shall have actual know-ledge of the 
contents of the bales so press-packed, - in the following manner : viz. If 
the goods are packed at the port whence they are to be exported, or 
within ten miles thereof, then by oatii made upon the entry; or cocquet, 
before the collector and comptroller, or other chief officer, of the cus¬ 
toms at such port; and if such goods are packed at any greater distance 
than ten miles from the port whence the goods are to be exported, then 
on the like oath made and subscribed before some magistrate or justice 
of the peace for the county or place where such master packer or pack¬ 
ers shall reside. 

17. Master to deliver cocquets to officers token required. -— Every mas¬ 
ter or commander of any ship or vessel, .on-board of which any goods 
shall be shipped for exportation, from any port or place in Great Bri¬ 
tain, ffiaii, upon demand, deliver to every officer of his Majesty's cus¬ 
toms who shall come on-board, either within the limits of any port in 
Great Britain, or within four leagues of the coast, all and every cocquet 
or cocquets delivered to him by the proper officers of the customs, at the 
ports where the ships shall have been cleared out, for the examination and 
inspection of such officer or officers, under the penalty of <£\ 00; and, if 
such officer shall find any of the goods on-board not to correspond with 
the cocquets so produced, he or they are hereby authorised to seize the 
said goods, which shall be forfeited : or if such officer shall discover that 
any of the packages, indorsed upon the cocquets so produced, are not 
on-board the said ship or vessel, the master or other person shall forfeit 
MtlO tor every packet contained in such cocquet or cocquets, and not 
found. 

18. Entry nf goods for drawback must be by the real proprietor. — No 
entry shall pass, nor any debenture be made out, upon exportation to 
foreign parts, from Great Britain, of any goods which are entitled to 
drawback or bounty upon exportation, but in the name of the real pro¬ 
prietor of the goods, if resident in Great Britain ; and that, before such 
proprietor shall receive the drawback or bounty, or any allowance to 
which such goods may be entitled, one or more of them shall, upon 
the debenture, verify, by oath, his or their being the real proprietor or 
proprietors of such goods, and also that the goods are really exported 
to foreign parts, and have not been relanded in Great Britain. Pro¬ 
viso, that such real proprietors of such goods, if they shall not have' 
purchased or obtained a right to the drawback to which such goods are 
entitled, are hereby required, at the time such goods are entered for 
exportation, to acknowledge, in writing, under their hands, upon the 
entry, the persons who are entitled to such drawback ; and such per¬ 
sons- shall, after the requisites of this act are complied with, receive 
such drawback : and the receipt upon the debentures shall be a dis¬ 
charge for such drawback. Provided, that nothing in this- act shall 
extend to prevent the agent of any corporation or company, trading by 
a joint stock, from making oath to entitle such corporation or company 

to 


564 


MANIFEST ACT. 


to obtain any drawback upon the exportation of goods, nor to prevent 
any proprietors of lands in any of his Majesty\s colonies or plantations, 
nor any persons whatever, from exporting from any place other than 
that at which he or they reside, if such person or persons shall reside 
at a greater distance than twenty miles from such place, any goods; 
nor any persons from exporting from any place, other than that at which 
he or they reside, any goods whatsoever ot British manufacture, in i he 
name of an agent; and such agent is hereby authorised to perform every 
act and tiling to entitle the real proprietor oi the goods to every bounty 
or allowance due upon die exportation of such goods, and recover the 
same. Provided, that such agent shall testily, up' n oath, on the 
back of the debenture, the. name or names of the reai proprietor or 
proprietors of the goods, and his or their places of abode, and, if re¬ 
quire'.*, give good and sufficient reason lor his knowledge of the place 
to which the goods are intended to be exported. 

13. Draxiback for goods exported to Ireland , Guernsey, or Jersey .— 
Provided, that, from the 29th of September, 17 8C, no bounty shall be 
paid for any goods exported to Ireland, and that no drawback shall be 
paid for any goods exported to the islands of Guernsey, or Jersey, nor 
any debenture made out for such drawback, until a certificate shall be 
produced under the,hands and seals of the collector, comptroller, and 
surveyor, of the customs, or any two of them, belonging to such port in 
Ireland, or from the register of certificates, or other, chief officers of the 
customs, in the isles of Guernsey or Jersey, as such goods shall have 
been landed at, certifying that the goods have been duly landed 
there. 

20, 21. By z'Jiom goods for drawback are to be shipped. — No goods, 
entitled to either drawback, bounty, or premium, shall be put on-board 
any ship or vessel for exportation to foreign parts, by any person what¬ 
ever, (except the proper officers of the revenue,) other than such per¬ 
sons as shall be authorised by license under the hands of the commis¬ 
sioners of his Majesty's customs, or any four or more oi them, for the 
actual delivery of the whole of the goods, on-board such ship or vessel, 
tv) the officer of the revenue, stationed on-board, and for the faithful 
dealing of such person in regard to such goods: which said persons, so 
to be licensed, are hereby required, upon carrying such goods on-board, 
to give full information, in writings to the master Or other person then 
in charge of such ship or vessel, tor the better enabling the master to 
give notice as required by this act, previous to his clearing out with 
drawback or bounty goods; which license, when granted by the com¬ 
missioners of tlie fusloms, shall not- be v. i did raw n by them, or the 
operation under them in any manner hindered, unless either the per¬ 
son, to whormsuch license shall have been granted, or some other per¬ 
son employed by him, and with his consent, shall commit some acf 
against any law, now or hereafter to be made, to secure the revenue 
ot customs or excise, and be convicted thereof; in which case, the 
commissioners are hereby authorised to withdraw such license. 

Provided, that the commissioners of his Majesty’s customs are re¬ 
quired to grant such license to every person who is by law entitled to 
put on-board such goods, and yvho shall give such security as the said 
commissioners, or any four or more of them, shall deem necessary, and 
to no other person or persons whatever. 

22. Masters to bring to at the usual places for revenue-officers. — The 

r i 

sLi 


master or commander of any ship or vessel, arriving from foreign parts, 
wiaa not presume to pass such usual places .without bringing to, and 


receiving 



MANIFEST ACT. 


365 


receiving the revenue-officers on-board ; or, bein'? outward-bound, for 
foreign parts, shad not presume to pass without bringing to, at such 
usual places, for the purpose of the cargo being examined, and of re¬ 
lieving or landing such officers, unless in case of distress of weather. 


or other unavoidable accident, to be made appear to the satisfaction 
of the commissioners of the customs; and that every such master, or 
other person, who shall pass without bringing to for the purposes afore¬ 
said, shall, for every such offence, forfeit J 100. 

23. U&venue-nfficevt to hart access to alt parts of the ship. —From the 
passing of this act, any officer of his Majesty’s revenue, properly au¬ 
thorised to examine any ship or vessel, or the cargo on-board, shall, at 
all times, have fre.e access to the cabin, and every other part or places 
in such ship or vessel: and, in case any places within the cabin, fore¬ 
castle, steerage, or any other part of the ship, or any boxes, chests, 
or other things contained therein, shall bedecked, or in any manner 
fastened, and the keys shall be vvithholdeli, or the places shall not be 
opened for such officers, on their requiring the same of the master or 
c ommander of such ship or vessel, such officers, if they are of a degree 
superior to tidesmen or watermen, shall, and are hereby authorised and 
empowered to, open the same in the best manner they can, and are 
hereby indemnified in so doing; but, if such officers shall only be of 
the class of tidesmen or watermen, they shall send for their-superior of¬ 
ficer, who is hereby in like manner authorised to open the same, and 
is hereby indemnified in so dping, 

2d, 23, 26. East-India goods not to be removed without certificates .—- 
From the passing of this act, no goods of the growth, production, or 
manufacture, of the countries beyond the Cape of Good Hope, shall,be 
brought or conveyed, either by land or water, from any place, into 
London and Westminster, or the liberties thereof, and the borough of 
Southwark, or into the parishes from St Mary-1 e-Bone 'and St Pancras, ip 
Middlesex,* without a certificate, as directed by the act of 9 Geo. III. 
c. 41, or without a certificate fro:* tlx* collector or other proper officer of 
his Majesty’s customs, in the port of London, certifying tjial the duties 
have been paid at the importation thereof*, or that the same have been 
before compounded lor or condemned ; which shah be verified by the 
oath of the proprietor, referring to the times when such goods were en¬ 
tered, compounded tor, or condemned ; under ifie forfeiture of ail such 
goods, and of the packages, together with the boat's, carts, horses, 
cattle, and carriages, made use of in the removal-, carriage, or con¬ 
veyance, of the same, and the furniture belonging thereto. 

if, from the passing of this act, any dispute shall arise touching the 
place to which such goods were removing, the claimcr of such goods 
shall prove that they were removing, carrying, or Conveying, io some 
place other than the cities and places aforesaid ; and that the proof of 
their being removing and conveying to the cities and places aforesaid 
shall not lie on the officer who shall seize such goods. 

Provided, that nothing shall extend to forfeit any of the commodities 
which shall be removed, or found removing, as beforte-mentioned, if 
it shall appear to the commissioners' of the customs that such goods 
were brought in a lawful and open way of tea le, or are the propoi ty of 
private persons, and have been used as their domestic furniture. 

27. Who. may seize ships or goods, rye. — It shall be lawful for the 
commanders ot any of ids .Majesty’s ships or vessels of war, or any 
commissioned, warrant, or petty, officer,;specially authorised by them, 
to seize, without any deputation or eonunission from the tymmiMoner* 

dr 


566 


MANIFEST ACT. 


of the customs or excise, any goods, ships, &q. \thich shall he sub* 
ject to forfeiture by this or any other act now in force, for any offence 
against the revenue. Provided, that the commander of such ship or 
vessel of war shall bring every such seizure to liis Majesty’s ware¬ 
house, at the nearest custom-house to which such seizure can con¬ 
veniently be brought, and there deposit the same in the custody of the 
proper officer of the customs, in case the seizure shall be made under 
any act for securing the revenue of the customs, or in the custody of 
the proper officer of excise, in case it shall be made under any act for 
securing the revenue of excise only ; and shall conform to all the rules 
to which the officers of customs and excise are now, in case of such 
seizure made by them, subject.* 

28. Witnesses. — From the passing of this act, any person, examined 
as a witness, shall deliver his testimony upon oath, to be administered 
by the surveyor-general, who shall examine him. 

29. False oath. — If any person shall be convicted of making a false 
oath, or of giving false evidence, on his examination on bath before the 
surveyor-general of the customs, such persons, so convicted, shall be 
deemed guilty of perjury, and shall be liable to the pains and penalties 
to which persons are liable for wilful and corrupt perjury. 

80. Penalties. — All penalties incurred by this act shall be sued for 
in such a manner as any penalties incurred, or any goods or vessels 
forfeited, for any offence against the laws of customs may be sued for ; 
and the officer, concerned in such seizures or prosecutions under this 
act, shall receive such share of the produce arising from the seizures, 
as they are now by law entitled to upon prosecutions or seizures for 
unlawful importation, and to such share of the produce arising from 
any pecuniary fine or composition paid for any offence against this 
act, as they are now by law entitled to upon prosecutions for pecuniary 
penalties. 

81. Informations. — From the passing of this act, in case any infor¬ 
mation shall be commenced and bn.+.ght to trial, on account of the 
seizure of any goods, ship, &:c. wherein a verdict shall be given for 
the claimer, and, if it appear to the judge that there was a probable 
cause of seizure, the judge shall certify on the record that there was a 
probable cause for the prosecutor’s seizing the said goods, ship, &c. 
and, in such case, the defendant shall not be entitled to costs of suit, nor 
shall the persons, who seized the said goods, ship, &c. be liable to any 
action on account of such seizure; and, in case any action shall be 
commenced and brought to trial against any person, on account of the 
seizure of any such goods, ship, &e. where no information shall be 
commenced or brought to trial to condemn the same, and a verdict 
shall be given upon such action, against the defendant, if the judge 
shall certify that there was a probable cause for such seizure, then the 
plaintiff, besides his goods, &c. so seized, or the value thereof, shall 
not be entitled to above two-pence damages, nor to any costs of 
suit, nor shall the defendant in such prosecution be fined above one 
shilling. 

32. Commencement of the act. —The several regulations in this act 
contained, except where the time is otherwise fixed, shall commence 

* By the 41 Geo. III. c. 91, §. 6 , any goods so seized, for which any excise-duty 
is imposed, may be lodged in 011c of his Majesty’s warehouses of excise, if the command¬ 
ing-officer deems it expedient, instead of bringing such seizure to the custom-house ; 
and evciy seizure so brought shall be prosecuted under the directions of the-commis¬ 
sioners of excise. 


from 



MANIFEST ACT. 


367 


from the following periods, viz. In respect to ships or vessels coming 
from any part of Europe, from the twenty-fifth day of December, 1786’; 
in respect to ships or vessels coming from any part of Africa or 
America, from the twenty-ninth of September, 17S7 ; and, in respect 
to ships and vessels coming from Asia, from the twenty-fifth of March, 
1788. 

33. Seizures to he sold by public auction. —From the twenty-ninth of 
September, 1786, all ships and vessels, and all goods, which shall be 
seized in pursuance of any act, made in Great Britain, relative to the 
trade and revenue of the British colonies or plantations, and which shall 
be condemned there, shall be sold by public auction to the best bidder, 
at the custom-house, by the collector and comptroller of the customs for 
the island, colony, or plantation, in whose custody such vessel, ship, 
or goods, shall be lodged and secured; and the produce of such sale 
shall be accounted for and applied, by such collector and comptroller, 
or other principal officer of the customs, according to law, subject to 
the directions of the commissioners pf the customs in England, or any 
four or more of them. 


By an Act for the farther Regulation of the Duties of Ctistoms , 

43 Geo. III. c. 128. 

1. From the 10th day of October, 1803, no person shall lade, or 
cause to be laden, from any quay, or other place on land, into any 
ship, lighter, boat, &c. any goods or merchandise whatever, with 
intent to export the same to parts beyond the seas, until such person shall 
deliver, or cause to be delivered, to the comptrolling-searchers of his 
Majesty’s customs, a correct copy, in writing, of the cocquet or entry, 
(together with the indorsement thereon,) for all such goods so intended 
to be exported; and the comptrolling-searchers, or other officers, may 
detain any goods whatever for which the shipping-bill, or copy of 
the cocquet, with the indorsement thereon, shall not have been de^ 
livered. 

2. From the day above-mentioned, all persons who shall be ex¬ 
amined as witnesses on any inquiry directed to be iftade by the com¬ 
missioners of the customs relative to the revenue, at any out-port of 
Great Britain, shall deliver such testimony on oath, as in the port 
of London; and persons swearing falsely shall be deemed guilty of' 
perjury. 


CHAPTER 


36S ACT FOR THE SOUTHERN 1 WHALE-FISHERY* 


CHAPTER XXIIL 

Abstract of Acts for the encouraging and regulating 
the Southern Whale-Fishery.' —35 Geo. III. c. 92- — 33 
Geo. III. c. 57. - 12 Geo. III. c. 18- 

i. Repeal of former Acte*. . 

f . A .4 . . , ffT J • > v . * . 

T HE acts of the 23 Geo. III. c. 50, and 28, Goo III. c. 20, 
are repealed, except as to vessels cleared oat before Nov. 1, 

1795 . 

2. Ships to be British-built, frc .— The several premiums hereafter 
mentioned shall be paid for three years from the 1st of Jan, 1796, to 
twenty-eight ships or vessels .employed in the sajd fishery, under the 
restrictions herein-after expressed; that is to say, every such ship or 
vessel shall appear by her register to be British-built, and shall be fit¬ 
ted and cleared out from some port of Great Britain or Ireland, or the 
islands qf Jersey, Guernsey, or Man, and shall be wholly owned by 
his Majesty’s subjects usually residing in any of the dominions aforesaid, 
and navigated as herein-after directed.* 

6. Premiums to fifteen ships going to the soutlnvard of the -equator. -—. 
For fifteen of such ships so fitted and cleared out between the 1st of 
January and the 31st of December, in each year, and which shall have 
sailed to the southward of the equator, and have there bona fide carried 
on th<? said fishery, and shall return before the 1 st of December, in. 
the subsequent year, to some port of Great Britain, there shall-be paid 
the following premiums,, viz. three hundred pounds each to. five of 

* As these premiums apply only to ships clearing out before the ist January, 1799, 
the acts of 38 Geo.. IH. c. 57, and 42 Geo. III. c. 18,, were passed, by which future 
premiums are bestowed only upon twenty-six sin s, in the classes undermentioned : 

ist. For twelve ships cleared out between 1st January and 31st December, 1802, 
and between ist January and 31st December, in each of the three succeeding years, 
and vrbidi shall carry on the said fishery, to the southward r fth? equator, and return be¬ 
fore the 1 sc December, in the year subsequent to that ot cU iring out, the following 
premiums; viz. 300/. to each of four such ships, which shall so sail qnd first arrive 
with the greatest quantity of oil or head-matter, not less than 20 tons in each ship ; 
-200.0 tp each of the four ships, sailing as above, and arriving w ith the next greatest • 
quantity, not less than 20 tons and 100/. to each of the four ships, sailing as above, 
and arriving with the next greatest quantity, nof less than 20 tons. 

2d. For four other ships, cleared out and sailing as above, and which shall proceed 
to the southward of the 3 6 th degree of South latitude, there fish, and not return till after 
14 calendar months from the day of clearing out; but before the 31st of December, 
in the second year after clearing out, there shall be paid 400/. to e;ch of such ships ns 
shall so sail and arrive within the times last-mentioned, with the greatest quantity of oil 
or head-matter, not less than 20 tons in each ship. 

3d. For ten other ships, cleared out between 1st January and 31st December, 1799, 
And .between ist January and 31st December, in each of the six succeeding years, and 
which shall double Cape Horn, or pass through the Straights of Magellan into the South 
Seas, and fish, curing four months, to the westward-of Cape Horn in those seas, or 
which shall double the Cape oi Good Hope, and fish, during four months, to the east¬ 
ward of 105 degrees of cast longitude from London, and not return till after sixteen 
calendar months from the day of clearing out, but before the 31st December, in the 
second year after clearing out, there shall be paid the following premiums ; viz. 600/. 
to any one having the greatest quantity of oil and head-matter, not less than 30 tons ; 
and 500/. to each of nine others, having live next greatest quantity, not less than 
3© tons. 

such 


ACT FOR THE SOUTHERN WHALE-FISHERY. 


\69 


such ships having the greatest quantity of oil or head-matter taken tor 
gethen, being not less in the whole than twenty tons in each ship, and 
being the produce of whales, or other, creatures living in the seas, 
taken and killed by the crews of every such ship respectively : two 
hundred pounds each to five of such* ships having the next greatest 
quantity of such oil or head-matter, being not less in the whole than 
tweHty tons: and one hundred pounds each to five of such ships having 
the next greatest quantity of such oil or head-matter, being not less in 
the whole than'twenty tons. 

4 . Premiums to Jive ships going to the southward of the 36 th degree of 
south latitude. — For five other of such ships or vessels, which sha.ll be 
fitted and cleared out, and shall sail within the times before-mentioned, 
and proceed to the southward of the thirty-sixth degree Of south latitude 
and shall there bond fide carry on the said fishery, and shall not return 
till after the expiration of fourteen calendar months from the day on 
which they cleared out, but before the 31 st of December in the second 
year after their clearing out, to some port in Great'Britain, there shall 
be paid four hundred pounds to each of such ships as shall so sail and 
arrive, within the times last mentioned, with the greatest quantity of such, 
oil and head-matter, not being less than twenty tons. 

5 . Premiums to eight ships fishing to the westward of Cape Horn. — For 
eight other of such ships or vessels which shall be fitted and cleared out, 
and shall sail within the times before-mentioned, and shall double Cape 
Horn, or pass through the Straits of Magellan into the South Seas, 
and carry on the said fishery, during the space of four months, to the 
Westward 1 of Cape Horn, in those seas, and shall not return ,to some 
port of Great Britain till after sixteen calendar months from the day on 
which they cleared out; but, before the 31 st of December in the second 
year after their clearing out, there shall be paid the following pre¬ 
miums; viz. six hundred pounds to any one of such last-mentioned 
ships, which shall so sail and arrive, within the times herein last men¬ 
tioned, with the greatest quantity of such oil and head-matter taken 
together, being not less in the whole than thirty tons, and being the pro¬ 
duce of any whale or whales, or other creatures, living in the seas, and 
taken and killed by the crew of such ship or vessel in the said voyage, 
either outward or homeward; and five hundred pounds each to seven 
of such ships last before mentioned, which shall so sail and arrive within 
the times herein last before mentioned, with the next greatest quantity 
of such oil and head-matter taken together, being not.less in the whole, 
than thirty tons. 

6 . Ships clearing out. —- No ship shall be obliged to clear out spe* 
daily for the respective.latitude* specified in this act, but shall be en¬ 
titled to the premiums hereby granted, on complying with all the other 
conditions. 

7 . How such ships are to be navigated .—Every such ship shall be na- 



Jersey, or Man ; or if such ship 
any port of Great Britain, then such ship may be navigated by persons 
being protestants, and who, not being subjects of his Majesty, have 
been heretofore employed in carrying on the said fishery, and who shall, 
at time of clearing Out, take the oath of fidelity and allegiance to his 
'Majesty, and also shall make oath, before two or more of the principal 
officers of'the customs, of which jthe collector is to be one, at the port 
whore such ship shall so clear out, if it is their first voyage from any port 


370 ACT FOR THE SOUTHERN WHALE-FISHERY. 

of Great Britain,- that they have already established, or that it is thc.ir 
intention to establish, themselves and their families in Great Britain, as 
inhabitants thereof and subjects of his Majesty ; and, it it shall be their 
second or any subsequent voyage, that they actually have established 
themselves and their families in Great Britain, and have taken the oath 
of fidelity and allegiance to his Majesty as aforesaid. 

8 , 9, 10. Apprentices. — No premium granted by this act shall bo 
paid on account of any. ship employed in the aforesaid fishery, unless 
such ship shall have on-board an apprentice indentured for three years, 
at the least, for every fifty tons burthen ; every such apprentice not 
exceeding the age of• eighteen years, nor being under fourteen years, 
at the time he shall be so indentured, and having proceeded on and 
continued the whole of the voyage, both out and home, for which any 
such premium shall be claimed, unless such apprentice died or deserted 
in the course of the voyage; which-facts shall be verified by the oath 
of the master, the mate, and two of the mariners, belonging to such 
ship, unless, by reason of some unavoidable accident, (proof whereof 
shall b.e made to the satisfaction of the officers of the customs herein-after 
mentioned,) two mariners cannot be procured, and then by the oath of 
the master and mate, taken before two or more of the principal officers 
of the customs, at the port to which such ship shall return (of which the 
collector is to be one.) 

If the master of any ship, or any other person whatever, to whom 
any apprentice shall be indentured pursuant to this act, shall permit 
such apprentice to quit his service, on any pretence whatever, except 
as herein-after is provided, before the expiration of the term for which 
he shall be bound, every such master or other person shall forfeit, tor 
each offence, fifty pounds, to be recovered by action in any of his 
Majesty’s courts of record. Provided, nevertheless, that nothing herein 
contained shaLl extend to inflict the aforesaid penalty, in any case 
where any apprentice shall be legally discharged before a magistrate, 
or shall be turned over from one person to another person concerned in 
either of the aforesaid fisheries, to serve the remainder of his time in 
such fisheries, pursuant to the directions of this act: Provided also, that 
no bounty or premium shall be paid, in any case, unless there be 
inserted in the indenture of each apprentice indentured by virtue o,f 
this act, or turned over from one person to another, pursuant to this 
act, the name of the ship on-board of which such apprentice is bound 
to serve. 

In case the time for which any such apprentice shall have been 
indentured shall expire during the voyage, such apprentice shall be 
accounted and considered, to all intents and purposes, as an appren¬ 
tice for the whole voyage, and shall, on the ship’s return, be mustered 
accordingly. 

11 . Log-book to bt kept. — No premium shall be paid on account of 
any ship employed in the said fishery, unless a log-book shall have been 
regularly kept on-board; in wdiicli log-book the various situations and 
occurrences, during the whole course of the voyage, shall be inserted 
every day, and particularly the times when such ship shall have been 
in sight of land, distinguishing what land, and the bearings thereof, 
and the supposed distances therefrom, and the soundings; and also the 
time when, and the latitude in which, any whale, or other creature 
Ijving in the sea, shall have been killed, taken, or caught, by the 
-crew; which log-book shall be delivered by the master or commander 
of such ship, at the time of his making a report to the collector of the 

customs 


ACT FOR THE SOUTHERN WHALE-FISHERY. 371 


customs at any port in Groat Britain where such ship shall arrive on 
her return from the said fishery; and the said master or commander of 
such ship, together with the mate thereof, shall jointly and severally 
verify on oath the contents of such log-book, before such collector. 

12. Log-book to be produced. -— In case any such ship shall, in the 
course of tier voyage, meet with any of his Majesty’s ships of war, 
the master or commander of her shall produce to the captain, or other 
officer commanding such ship of war, the said log-book; and such 
captain or commanding-officer shall make a memorandum in such log¬ 
book of the day on which it was so produced to him, and shall subscribe 
his name to such memorandum, and shall also make an entry, in the 
log-book of the said ship of war, of the name and description of the 
ship or vessel on-board of which the log-book so produced to, and 
signed by, him was kept; and, in case such ship or vessel, on-board 
ol which a log-book is required to be kept as aforesaid, shall put into, 
any foreign port, where there shall be a British consul, or other chief 
British officer, the master or commander thereof shall produce such, 
log-book to such British consul, or other chief British officer, who shall 
also make a memorandum therein of the day on which it was so 
produced to him, and shall, in like manner, subscribe the same. 

13. Oath to be taken upon importation. — The master, mate, and 
two of the mariners, belonging to every such ship, (or the master and 
mate only, if, by some unavoidable accident, proof whereof shall be 
made to the satisfaction- of the officers of the ‘customs herein-after 
mentioned, two mariners cannot be procured,) shall, upon the impor¬ 
tation into Great Britain of any oil or head-matter as being taken on 
the fishery aforesaid, declare, upon oath, before two or more of the 
principal officers of the customs at the ports of their arrival, of which the 
collector shall be one, from what port, and the time when, such ship 
cleared out, and that all such- oil or head-matter, so imported, is the 
produce of one or more whale or whales, or other creatures living in 
the seas, actually and bond fide taken and killed by the crew of such 
ship only, at the times and in the latitudes respectively mentioned and 
set down in the log-book. 

1-k Master not to take on-board any fish, fyc, but what are taken by his 
ozi'ti crezv. — In case the master or commander of any ship or vessel 
whatever, fitted out as aforesaid, shall knowingly receive, or suffer to 
be received; on-board such ship, for the purpose of obtaining any one 
of the said premiums, any oil, head-matter, or any other produce 
whatever, not being the produce of a whale or whales, or other 
creatures iiving in the seas, really and bond fide caught and taken by 
the crew of such ship or vessel only, such master or commander shall 
forfeit five hundred pounds; one moiety of which shall be paid to the 
person discovering the same, provided such person shall givp informa¬ 
tion of the offence within one month after such ship or vessel shall 
have been reported at the custom-house; and the master or Commander 
of such ship ol vessel is to make such report in the usual time, and in 
the manner in which all trading ships or vessels are reported before the 
proper officers of the customs. The owner or owners of such ship 
shall, in case, at the time such information shall be given, any sum 
of money be due from him or them to such master or commander, keep 
and detain such sum of money, and pay the same (towards discharging 
the same penalty) to the collector or other principal officer of the 
customs at such port; and, if such owner or owners pay any sum or 
sums of money to, or shi*il otherwise account for, such sum or sums of 

J] b 2 money 


372 ACT FOR THE SOUTHERN WHALE-FISHERY. 

inoney with any piaster or commander of any ship or vessel, before 
the expiration of one month after the report shall have been so made 
at the custom-house as aforesaid, and such-master Or'other person shall 
be.liable to the penalty aforesaid, such owner or owners shall make 
good such sums so paid or accounted for, and shall pay the same, 
towards discharging the aforesaid penalty, into the hands of the col¬ 
lector or other principal officer of the customs, in manner before- 
directed. 

15. If fisii be caught in other places on the voyage. — In case any 
whale or whales, or other creature living in the seas, shall be caught 
in any part of the ocean, to the northward of the equator, by the crew 
of any of the ships or vessels to which premiums are given in manner 
before mentioned; or to the northward of the thirty-sixth degree of 
south latitude, by the crew of any of the ships or vessels to which 
other premiums are also given; or in any part of the Atlantic Ocean, 
by the crew of the ships or vessels going round or doubling Cape 
Horn, either on the voyage out or on return home ; the oil or head- 
inatter, produced from such whale or whales, or other creature so 
caught or taken, shall be considered and taken to be part of the 
quantity of oil and head-matter required to be taken and imported as 
aforesaid, to entitle the owner or owners of such ship or vessels to 
some one of the premiums herein-before granted, 

16 . Commissioners to pay premiums. — The commissioners of customs 
in England, and the commissioners of customs in Scotland, are to 
order their respective receivejrs-general to pay any of the premiums 
herein-before granted, if the several rules, regulations, &c, are com¬ 
plied with. 

17. When premiums are to be claimed. — JV° premium shall Le paid 
unless it be claimed within two mqnths from the time of the crew 
being mustered inwards, by the proper officer or officers of the customs, 
and such claim shall tc made in writing, by application from the owner 
or owners of every ship or vessel, to the commissioners ot customs in 
England and Scotland respectively, and also, unless it shall, within one 
month after such time for making the claim, be made appear that the 
requisites of law have been complied with. 

18 . Where ships may JisIl Any ship or vessel, employed in carry¬ 

ing on the said southern whale-fishery, may sail and pass for that pur¬ 
pose to the eastward of the Cape of Good Hope, and to the westward 
of Cape Horn, or through the Straits of Magellan. ' V 

} 9. Jf tojhe eastward of the Cape of Good Hope , or ivestpard of Cape 
Horn. — But no such ship, sailing to the eastward of tire Cape of 
Good Hope, shall pass to the northward of the equator, or make moTe 
than fifty-one degrees of ea t kmgiii*de from London; and no such ship, 
sailing or passing to the westward of Cape Horn, or through the Straits 
of Magellan, shall, either to the northward or southward of the 
equator, make more than one hundred and eighty degrees west longi¬ 
tude from London-* 

20 . 

* These limits have been enlarged by the 58 Gert. III. c. 57, 42 Geo. III. c. 18, 
and 43 Geo. III. c. 90. Licensed r sh\ps, 'sailing to Che eastward ol the Cap? of Good 
Hope, may now pass beyond 51 degrees ot east longitude ; f elided that, alter passing 
51 degrees of east longitude, they shall not pass to the..northward of jo degrees ol 
south latitude, until they shall be to the eastward of 115 degrees of east longitude ; 
pnd that thence, to the eastward of 180 degrees, they shall not pass to the northward 
of 1 degree of north latitude. — Licensed ships, having passed to the westward of 
£apc Horn, 0r through the Straits yf MageJlaj], may also pass bcyp.ud tSip degrees of 

west 



Act for the southern whale-fishery. 373 

20. Licenses required. — Every such ship or vessel, as"intends to 
sad or pass to the eastward of the Cape of Good Hope, or to the 
westward of Cape Horn, or through the Straits of Magellan, shall be 
obliged to take a license, for each respective voyage, from the East- 
India Company, specifying which of the said .Voyages such ships shall 
be licensed to perform, and such license shall be valid only for the 
voyage therein expressed; and the said Comply shall not be required 
to grant any license, to pass to the eastwaru of the Cape of Good 
Hope, to more'than ten ships in any one year or season, or to grant 
any license to any ship or vessel, to pass to the eastward of the Cape 
Of Good Hope, unless the person applying for the same shall deliver 
to the court of directors of the .said Company a manifest or certificate, 
under the hand of the collector or comptroller, or other chief officer, 
ol the customs belonging to the port whence such ship is' intended to 
clear out, verified by the oath of the owner or owners, or the master) 
of such ship, specifying the names and places of abode of the owner 
or owners, and master, of the said ship, and aEo the species, quantity, 
quality, and value, of all goods then on-board of such ship, and of all 
goods (if any) intended to be afterwards taken into or on-board, of 
the same, before her departure outwards; and also unless it shall, by 
such manifest or certificate, appear unto the said court of directors, 
that no goods or merchandises whatever (save and except the stores of 
such ship or vessel, and the tackle, materials, and other things, 
necessary for the purpose of the voyage) are taken, or intended to be 
taken, on-board of such ship or vessel.* 

21. Bond to the India Company before license obtaihed. — The East- 
India Company shall not be obliged to grant any. license to pass within 
the limits of their exclusive trade round the Cape of Good Hope, until 
the owner or owners of such ship or vessel, -or the major part of such 
owners, shall have entered into a bond in the penalty of two thousand 
pounds, with a condition, to be thereunder written, lor payment to 
the said Company of the sum of one thousand pounds, as a forfeiture 
to the said Company, (over and above the forfeitures and penalties 
herein-mentioned,) in case any goods or merchandises whatsoever 
.(other than and except the stores of such ship or vessel, and the 
tackle,'materials, and other things, necessary for the purpose of the 
voyage) -shall be taken into or put on-board such ship for or upon her 
outward voyagt;: or in case such ship shall have taken on-board, in 
any part of the voyage homeward, belore her arrival in Great Britain, 
any goods or merchandises of the growth, produce, or manufacture, 
of the East-Indies, er any islands, ports, havens, coasts, cities, towns, 
or places, between the Cape of Good Hope and the/Straits of Ma¬ 
gellan, to the value of one hundred pounds or upwards, except, such 
provision, stores, or clothing, as it may, at any time during, the 
voyage, have become necessary to take on-board for the sole use of 
the crew. ' 

west longitudg ; provided that , after pissing the l#oth degree, they do not pass- to the 
northward of to degrees of south latitude, until within 51 degrees of east longitude 
from London. 

* But, by the 42 Geo. TIL c. 77) from the 22d of June, 1802, British-built ships, 
legally navigated,,may pass Through the Straits of Magellan, or round Cape Kern, t.« 
carry on the fisheries in the Pacific Ocean, from Cape Horn to 180. degrees * y 
longitude from London, and to. trade within the said limits, without an f A-4 * 
licence or permission from tl.e East-India or South-Sea Companies, 

Bb3 



r t \- ACT FOR THE SOUTHERN WHALE-FISHERY. 


22. Ships going; beyond the limits before mentioned. — If' any ship cr 
■vessel, to be employed in the said southern whale-fishery to the eastward 
of the Cape of Good Hope, or to the westward of Cape Horn, shall 
go beyond the limits herein-before specified, unless driven beyond the 
same by stress of weather, or other inevitable accident, or, being so 
driven, shall not return back within the limits herein-before pre- 
• scribed, with as much - convenient speed as the safety oi the ship 
or other circumstances will admit; or if any ship shall depart from 
any port or place without having first obtained such license as afore¬ 
said, and shall go beyond the Cape of Good Hope, or'beyond the 
Straits of Magellan, or in any other place within the limits of the 
said Company’s exclusive trade ; or if any ship, being so licensed 
to proceed to the fishery beyond the Cape of Good Hope, shall take 
on-board, before her return, any manufactures, goods, or merchan¬ 
dises, except such as shall have been specified and described in such 
manifest or certificate, and except the oil, head-matter, or bone, of 
whales, or other fish or creatures caught or taken in carrying on 
the said fishery; every such ship, and the goods, merchandises, and 
effects, on-board the same, and the ovyner and owners, master and 
crew, thereof, shall be subject to the several provisions, regulations, 
penalties, and forfeitures, by an act made or imposed upon any per¬ 
sons, or their ships, vessels, goods, merchandises, and effects, who 
shall traffic, trade, or be found, in the East-Indies, or other places 
within the limits of the said Company’s exclusive trade, without license 
having been first obtained from the safci Company. 

,23. Owners, master , or crew, acting contrary hereto. — In case any 
thing shall be done by any ship or vessel licensed as aforesaid, pr by 
•the owners, master, or crew, thereof, in any way respecting the 
rights and privileges of the said Company, contrary to the true intent 
and meaning of this act, the owner or owndrs of the said ship 
shall not afterwards be entitled to any future license for the same, 
' or for any other ship or vessel. 

24. Skips touching at St Helena , Sfc, — In case any such ship or vessel 
shall touch at the island of Saint Helena, or shall be found within the 
limits belore described, it shall be lawful for the governor of Saint 
jHelena, the commander of any ship or vessel in the service of the 
said Company, or any person authorised by them respectively, or for 
any agent specially authorised for that purpose by the said Company, 
and residing at any place within the limits before described, to search 
such licensed, ship or vessel, to see if any goods or merchandises 
shall be on-board her contrary to the provisions of this act; and, in 
case any such shall be found, the same shall be forfeited to the said 
United Company, and the owner or owners, and master, thereof, shall 
be liable to all other penalties and forfeitures for trading contrary to 
the said Company’s charters; and it shall be lawful for'the said Com¬ 
pany, and the person aforesaid, on their behalf and for their use, to 
seize such goods and merchandises. 

25. Report to'the India Company upon return. — Within thirty days 
next after the return of any ship or vessel from a fishing-voyage "to 
the eastward of the Cape of Good Hope, the master thereof shall 
deliver, to the secretary of the said Company, a certificate under 
the hand ot the collector or comptroller, or other chief officer, of the 
customs, belonging to the port where the said ship shall arrive, veri- 

' fied by the oath of the said master, that no goods or merchandises 
whatever of the growtii, produce, or manufacture, of any place or 

places 


ACT FOR THE SOUTHERN WHALE-FISHERY. 375 


places in the East-Indies, China, or elsewhere between the Cape 
of Good Hope and the Straits of Magellan, except oil, head-matter, 
or bone, of the whales or other fish, ambergris, or scal-slcins, have been 
taken on-board such ship during the said voyage ; but in case any such 
goods and merchandises shall have been taken on-board the said ship 
during the said voyage, then the said certificate shall specify the 
species, quantity, quality, and value, of all such goods and mer¬ 
chandises, and the cause or reason of taking the same on-board ; and 
the owner or owners of such ship shall not be entitled to any bounty 
under the authority of this act, until such certificate as aforesaid shali 
have been delivered to the said secretary, and such delivery shall have 
been proved by a production of his receipt for the same. 

26. License from the South-Sea Company. — Every ship or vessel in¬ 
tending to navigate within, or frequent any part of, the seas com¬ 
prised in the boundaries of the exclusive trade of the South-Sea.Com¬ 
pany, as described in and by an act of the ninth of her late Ma¬ 
jesty Queen Anne,* shall be obliged, to take a license for such 
voyage from the said Company ; and every vessel navigating such 
seas, without such license, shall be liable to such forfeitures and 
penalties as are created and enacted by the said act. (See note on 
§• 20 .) . - ‘ ' 1 

27. Ships may he armed. — Such of the said ships or vessels as shall 
be so fitted and cleared out, for the purpose of, doubling the Cape 
of Good Hope or Cape Horn, or passing through the Straits of Ma¬ 
gellan, not being of less than two hundred tons burthen, may be- 
properly furnished with arms and ammunition, for resistance and 
defence: provided the owmer or owners of such ships, before clearing' 
out, shall obtain a license from the Lords of the Admiralty, authori¬ 
sing the same*. 

28 License from the Admiralty for arming. — The said Lords of the 
Admiralty are empowered to grant such license for arming, in such 
cases as to them shall seem fit and proper; provided that there shall 
have been exhibited to them a certificate, under the hands and seals 
of the commissioners of customs, testifying that such, ship or vessel is 
entered out for the purpose of doubling the Cape of Good Hope or 
Cape Horn, or passing through the Straits of Magellan ; and pro¬ 
vided also, that the owner or owners of such ship or vessel shall 
have entered into a bond, with ’two sufficient sureties, in the sum 
ef one thousand pounds, with condition that such arms and ammu¬ 
nition shall not be used for any unlawful purpose, but merely for 
resistance and defence in cases of involuntary hostility, 

29. Ships entitled to one premium only. — No ship or vessel what¬ 
ever shall be*entitled, within the periods of lime respectively limited 
by this act to sail on and return from such voyage, to more than one 
of the premiums hereby granted, although such ship shall make two 
voyages within any one of the said periods. 

30. Ships visited and creivs mustered. — No premium whatever shall 
be paid to the owner or owners of any ship or vessel which shall 
clear out after the first of January, 1793, on the said fishery, unless 

* The limits of the South-Sea Company’s trade extend, on the East side of 
America, from the river Oroonoco to the southernmost part of Terra del Fuego (except 
the country of Surinam, in the possession of the Dutch, thp kingdom of Brazil, and 
all the places in the possession of .the crown of Portugal;) and, on the West side, 
from the southernmost part of Terra del Fuego to the northernmost part of America, 
.including all places within 300 leagues of the West side of America,' 

£ b 4 


it 


376 ACT FOR THE SOUTHERN WHALE-FISHERY, 

it shall appear, by'certificates from the'proper officers- of the-cus¬ 
toms, that such ship was yisited, and the crew by them respectively 
mustered, as well’before her clearing out lor the said fishery as on 
her return. ’ . 

. 31. Ships duly registered. — No ship or vessel, which, after the 
first of January, 1796, shall be fitted or cleared out lor the said 
fishery, shall be entitled,to any of the said premiums, unless she shall 
have been duly registered pursuant to the act of the 26th*Geo. III. c. 
60, entituled, an Act for the farther Increase and Lucouragemtnt of Ship¬ 
ping and Navigation .* 

32. If the oil or head-matter he-mixed with, water, fyc. — Upon the 
return of every ship or vessel from the .fisheries aforesaid, in which 
ship any oil or head-matter shall be imported, and on account of which 
any of the premiums herein-before granted shall be claimed, in case 
there shall be any reason to suspect that sych oil or head-matter is 
mixed with water, or any other materials, in order to increase the 
quantity thereof, it shall be lawful, for the Collector or other principal 
officer or officers of the customs, at the port to which such ship shall so 
return, to nominate and appoint one or more (as the case may require) 
skilful person or persons to examine such oil or head-matter; and, it it 
sl\all appear, upon such examination, that there has been mixed with 
such oil or head-matter any water, or any other material whatever, 
whereby the quantity thereof is increased, the owner or owners shall 
not be entitled to any of .the premiums granted by this act; and, over 
and above the loss of the premium, such oil t>r head-matter shall be 
forfeited and lost, and shall and may be seized by any officer or officers 
of his Majesty’s customs; and, if any dispute shall arise whether 
there hath been mixed with such oil or head-matter any water, or any 
other materials whatever, then the proof thereof shall lie on the owner 
or claimer of such oil or head-matter, or on the person or persons 
claiming the premiums, and not on the officer who shall seize or 
prosecute the same. 

33. E^act quantities of oil , 4*c. must he ascertained. — Before any of 
the premiums shall be p,aid or allowed to any person or persons what¬ 
ever, the exact quantity of oil and head-matter, taken together, shall 
be truly ascertained by the proper officer or officers of the customs, and 
such quantity shall be certified by them to the commissioners of the 
customs in England and Scotland respectively. 

34. Harpooners , §c. not to be impressed. — No harpooner, line- 
manager, or boat-steerer, belonging to any ship or vessel, fitted out on 
the aioresaid fishery, shall be impressed from the said service; but 
shall be privileged from being impressed so long as he shall belong to, 
$tnd be employed on-board, any ship or vessel whatever in the fishery 
aforesaid. 

35. Whale-boats not liable to seizure. — No boat used as, and com¬ 
monly called, a whale-boat, belonging to any sfiip or vessel employed 
in the vsaid fishery, shall be liable to seizure on account of her built, 
dimensions, or construction ; provided, on the return of such ship or 
yessel from the fishery, such boat shall be laid yp in such place or 
places as shall be approved of by the principal officers of his Majesty’s 
customs, of the port at which such ship or vessel shall arrive, and shall 
not be employed 6r made use of in any way whatever b.ut in the said 
fishery. 


* Sec the Navi cation-Acts, in a former part of this work. 


36. 


ACT FQR THE SOUTHERN .WHALE-FISHERY* 37? 

36. Foreign owners, Sfc. may settle under certain restrictions, and enjoy’ 
the privileges of British fishers. —• If any persons, not exceeding forty 
families, not being subjects of his Majesty, who have been heretofore' 
employed in carrying on the said whale-fishery, and being the owners 
of any ship, or vessel, and intending to reside, together with their 
families, (not exceeding forty families in the whole,) in this kingdom, 
for the purpose of continuing to carry on such fishery thence., shall, on 
or before the 31st of December, 1805, come to the port of Milford, 
in the county of Pembroke, with their families, and shall bring any 
ship or vessel, or any number of ships or vessels, not exceeding twenty 
in tlie whole, to the said port of Milford, built before the 1st of 
January, 1798,* and manned severally with any number of seamen 
or fishermen, not less than twelve in number, having been heretofore 
employed in carrying on the said fishery; and it shall be made appear, 
to the satisfaction, of the commissioners of his Majesty’s customs, or 
any four of them, by the oath of such pwners respectively, and by 
othef means, that he or they have been so employed in carrying -on 
the said fishery for three years previous to his or their arrival; and that 
he or they, together with his or their family, (if any they shall have,) 
are then actually resident in this kingdom; and that twelve such sear 
men or fishermen,, at the least, are brought into Great Britain in every 
such ship; and the same shall be certified by the said commissioners to 
his Majesty; it shall and may be lawful for his Majesty, by and with 
the ad\ ice of his privy council, to allow the cargoes of oil or head- 
matter, and fins, or other parts, of animals frequenting the sea, im¬ 
ported in any such ships or vessels, not exceeding twenty in the 
whole, which shall arrive from a fishing-voyage, to be admitted to 
entry on payment of the same duty as oil, head-matter, and fins, of 
•British fishing, and to allow any.goods, furniture, and stock, which 
shall be necessary to their whaling out-fit, and which shall be part of 
the property of the said owner or owners, imported in any such ships, 
and arriving from the late residence of the said owners, to be admitted 
to an entry without payment of any duty whatsoever; provided al¬ 
ways, that the owner or owners of such ship or vessel, as shall be 
allowed to .enter a cargo on the British instead of the foreign duty, 
shall give bond to the commissioners of the customs to the full amount 
of the difference between the two duties, that he or they will reside 
during three years in Great Britain, and'will not absent himself or 
themselves from the kingdom, during that term, without leave of his 
Majesty, by and with the advice of his privy council, except on the 
prosecution of a fishing-voyage from and to this kingdom, — 35 Geo. 
III. c. 92, §. 36, and 38 Geo. III. c, 57, §. 7. 

37. Foreigners, settling here, to take the oaths, Sfc. — If any person, 
not being a subject of his Majesty, and being the owner, in part or 
in the whole, of any ship or vessel so admitted to entry as aforesaid, 
shall fit the said ship or vessel for a whaling-voyage from the port of 
Milford, in the county of Pembroke, and shall go before some justice 
of the peace for the said county of Pembroke, or before the principal 
officer of his Majesty’s customs in the new port of Milford, and shall 
take thdTOath of allegiance to his Majesty, and shall obtain a certificate 
of his having taken such oath, it shall be lawful for his Majesty, by 
and \vi(h the advice of his privy council, to order such ship or vessel 

to 

* Extended, by 4a Geo. III. c. 114, to vessel* built before the first of January, 
1805. 


57S ACT FOR THE SOUTHERN WHALE-FISHERY. 


to be registered, and to have a certificate of registry, in the same 
manner as any British ship or\ r essei; and every such sl;ip or vessel 
shall, during the time that such owner shah continue to have his 
residence, together with his family, within this kingdom, or during 
the time that such ship or vessel shall be owned by any natural-born 
subject or subjects of this kingdom, and shall be duly registered, enjoy 
all the privileges and advantages, and be entitled to all the bounties 
and premiums, granted to any British ship or vessel employed in the 
whale-fishery, subject nevertheless to the same rules, regulations, 
restrictions, penalties, and forfeitures: and every such person shall 
have and enjoy the rights, privileges, and advantages, of natural-born 
subjects of Great Britain, in like manner, and subject to the like 
disabilities, as the same may be granted to aliens by a special act of 
parliament: provided always, that such owner, not being a subject of 
his Majesty, shall prove in the manner directed in the act, passed in 
the 26th year of Geo. III. c. 60,* by taking the oath, or making, if 
a quaker, the declaration herqih-after mentioned, instead of the oath 
required by the said act; and shall also conform to all the other regu¬ 
lations, respecting the registry, contained in the said last-mentioned 
act. 

38, Form of oath. — The said oath or declaration shall be in the 
manner following: 

I, A. B. cf [place of residence and occupation ] do make oath, [or do declare,] that the 
ship or vessel [name,] of [port or place, J whereof [master's name] is at present master, 
being [kind of built , burthen , CS>r. as described in the certificate of the surveying-officers,] 
was [when and where built, and when and where it came into this kingdom ;] and that 
I, the said A. B. [or the other owners nptnes and occupation, if any , and where they 
respectively reside, viz. town, place, or parish, and county - or, if member of, and resi¬ 
dent in, any factory in foreign parts, or in any foreign town or city, being an agent for, 
9 r partner in, any house or co-partnership actually carrying on trade in Great Britain or 
Ireland , the name of such factory, foreign to wn, or city, and the names of such house or 
co-partnership ,] am [or are] sole owner [or owners] of the said vessel, and that no other 
person or persons whatever have or hath any right, title, interest, share, or property, 
therein br thereto; and [if a British subject] that I, the said A. B. [and the said other 
owners, if any,] am or was [or are or were] truly and bona fide a subject [or subjects] 
of Great Britain : and that I, the said A. B. have not, [nor have any of the other owners, 
to the best of my knowledge and belief ,] taken the oath of allegiance to any foreign state 
whatever, [except under the terms qf some capitulation, describing the particulars thereof,] 
or that since, my taking [or his or their taking] the oath, of allegiance to [naming the 
foreign states respectively t<? which he or any of the said owners shall have been subject or 
subjects,] and prioj- to the passing of an act in the z.6th year of the reign of King George 
the Third, [entitled, An Act for the farther Increase and Encouragement of Shipping ami 
Navigation,] I have [or he or they hath or have] become a subject [or subjects] of Great 
Britain, [either by his Majesty’s letters patent, as a denizen or denizens, or naturalized by 
act of parliament, as the case may be, naming the dates of the letters of denization, or the 
act or acts of parlichtient for naturalization, respectively,] or [as the case may be] I have' 
[or he or they hath or have] become a denizen [or denizens, or naturalized subject or 
subjects, as the, case may be,] of Great Britain, by his Majesty’s letters patent, or by 
an act of parliament, passed'since the first of January, one thousand seven hundred 
and eighty-six, [naming the times when such letters of denization have been granted 
Respectively, or the year or years in which such act or arts of naturalization have passed 
respectively,] or [if not a British subject] that I, A. B. and the other owners, if any, 
being a subject or subjects of some foreign state, [specifying the state] have come into 
and pm [or are] now resident in this kingdom, [describing the particulars thereof as to 
the place and date,] and intend to reside therein, and have taken the oath, or, being a 
quaker, have made a declaration, of fidelity and allegiance to his Majesty the king 
of Great Britain, [describing the. times when, the place where, and before whom, taken,] 
ar)d that no foreigner, not having complied w'ith the conditions above mentioned, di* 
rectly or indirectly, hath any share, or part, or interest, in the said ship or vessel. 

39... 

* £?avxgation-Act, in a former prrt of this work. 


379 


ACTS FOR THE BRITISH FISHERIES. 

39. Penalty for granting false certificates. — If any person whatever 
shall knowingly give or grant arty false certificate or certificates tor 
any of the purposes of this act, such persons shall forfeit five hundred 
pounds and be rendered incapable of serving his Majesty, his* heirs or 
successors, in any office whatever i and, if any person'shall counter¬ 
feit, erase, ajter, or falsify, any certificate or certificates required by 
this act, or shall make use of any such certificate or certificates, such 
person shall, for every such offence, forfeit five hundred pounds; and 
eve:y such certificate or certificates shall be invalid and of no effect. 

40. Application of the penalty. — One moiety of the penalties and 
forfeitures inflicted by this act (except in cases where other directions 
are given) shall be to the use of his Majesty, and the other moiety to 
such officer or officers of the customs as shall sue or prosecute for the 
same. 

41. Costs to persons sued. — This section gives, to persons sued for 
any tiling done in pursuance of this act, a right to plead the general 
issue; and treble costs if the verdict be for the defendant. 


CHAP. XXIV. 


Abstract of the Acts for the more effectual Encourage¬ 
ment of the British Herring-Fisheries. — 26 Geo. III. c. 
81. — 27 Geo. ill. c. 10. — 36 Geo. III. c. 56. — 38 Geo. III. 
c. 58. — 39 Geo. III. c. 100. — 39 and 40 Geo. III. c.. 85. — 
41 Geo. III. c. 97. — 42 Geo. III. c. 79. 


Bounty per ton. 

F ROM the 1st of June, 17S7, for seven years thence next efi<- 
suing, and thence to the end of the then next session of parlia¬ 
ment, a bounty of 20s per ton shall be paid annually to the owner or 
owners of every decked vessel, not Jess than fifteen tons burthen, 
manned and navigated according to law, which shall be fitted out for, 
and employed in, the British white-herring fishery, in the maimer and 
under the regulations herein-after directed. 26 Geo. 111. c. 81. /But 
this act was continued by several subsequent acts, from time to time; 
and particularly by 41 Geo. III. c. 97, to the 5th April, 1802. The 
42 Geo. III. c. 79, has, however, reduced the bounty, from 5th 
April, 1803, to 1 Os. per ton, but has, in other respects, continued the 
acts above-mentioned to the 5th April, 1804. 

Hoic vessels are to be built and fitted out. — Every buss or vessel, in 
order to be entitled to the bounty of 20s. (10s.) per ton, hereby 
granted, shall be built in Great Britain, and shall have on-board 
(barrelled up in new barrels) twelve bushel's of salt for every last of 
fish winch such vessel is capable of containing; and as many more 
new barrels as such vessel is capable of carrying; and also 250 square 
'yitrds of netting for each ton .of buss-measurement, together with the 
customary quantity of other materials for the equipment and mounting 
of the said 250 yards of netting in the fishery-business, but with liberty 

to 




s*e 


Acts for the British fisheries. 


make use of such nets therein as shall be found best adapted to the 
Said fishery; and shall have on-board not less than five men for the first 
fifteen tons* ahd one additional man for every additional five tons; and 
Shall clear out of some port in Great Britain, between the 1st of June 
and the 20th of November in the same year, and shall proceed imme¬ 
diately upon the said fishery* and shall there fish, without obstructing 
fifty other vessel employed therein, for three months at least, to be 
Computed from the day upon which the master {ind crew of such vessel 
Shall first shoot or, wet their nets, unless such vessel shall, within that 
Space of time, return into port with a full cargo of fish, taken wholly 
by the master and crew of such vessel. 26 Geo. III. c* 81, §. 2. —- 
27 Geo. II1. c. 10, §. 2. — 35 Geo. III. c. 56, ^ 3. 

Quantity in a full cargo. - — A full cargo of fish is not less than four 
barrels of herrings' once packed, or three barrels tvvice packed, and 
Completely cured, for every Jon of the said ves$d by admeasurement. 
21 Geo. III. c.' lO, §. 3. 

Persons entitled to bounty must proceed immediately On the fishery. — No 
person shall be 'entitled to any such bounties for any vessel which' shall 
not proceed directly upon the fishery, from that port to which such 
vessel shall belong, and where any one or more of the owners of such 
vessel shall reside; and the master and owner or owners of such vessel 
shalltake out a license to proceed, from the collector or comptroller of 
the port wb$re such vessel was bond fide manned, victualled, furnished, 
accoutred, and fitted out. 2 6 Geo. III. c. 81, §. 3. 

Precious to tailing, vessels must be examined. Before any such vessel 
shall proceed on suc'h voyage, or be entitled to the benefit of this act, 
she shall be visited bv sucirofficer of the customs, belonging to her 
clearing-port, as shall be appointed for that purpose; which officer 
Shall •certify to the said tomiftissiohers of customs such his visitation, 
examination, and admeasurement, and that such vessel hath on-board 
(as the fact may be) such a quantity of fishiftg-nets and other stores to 
be used in the said fishery as herein-before mentioned, and is a proper 
Vessel to be employed therein; »and thereupon, in case the owner, or 
One of them, or his agent, and the master of such vessel, shall make 
Ofith before the collector or comptroller of such port, to be subscribed 
10 the said certificate, # that it is really and truly their purpose and re¬ 
solution that such vessel, as then maimed, furnished, and accoutred, 
Shall proceed immediately upon the British white-herring fishery, there 
to Continue 'fishing for three calendar months at least, (unless such 
buss or vessel shall sooner obtain a full lading of fish,) without ob¬ 
structing any other vessel employed in the said fishery; and if such 
Owner, or one of them, or his agent, and also the master of such 
vessel, shall become bound, with two sufficient sureties, in the penalty 
of treble the bounty on the tonnage of such vessels, (which bond is to 
be in force for the space of three years against the parties thereby 
becoming bound,) for the faithful dealing of the said master and his 
Crew; then it shall be lawful for the collector and comptroller of such 
port to grant full license and authority to proceed on such voyage. 26 
Geo. III. c. 81, §. 4. 

Vessels returning are alsb to be examined. — On the return of any such 
Vessel into port, the chief officer of the customs, or' such other officer 
as he shall appoint, shall repair on-board, and view the condition 
thereof and of its lading, and certify the same, together with his 
observations thereon, and also the real tonnage of such vessel, and the 
liames of the master and other persons on-board*; and the master of 


ACTS FOR THE BRITISH- FISHERIES, 


m 


such vessel shall also make oath before the collector or comptroller, ia 
be written on, and annexed to, the license, (which the said master ii 
hereby required to deliver up,) that such vessel did, without delay,, 
proceed from the port in such license mentioned, upon its last clearance 
thence outwards, to or upon the British white-herring fishery, and did 
there remain, and continued employed in fishing for herrings, or other 
fish, according" to law, from the day of 

to day of (expressing the respective 

days of beginning and ceasing to fish ;) and that, during all that time, 
the quantity of nets and other stores, and the number of men, by layv 
required, were on-board of the.said vessel, or employed in the lawful' 
prosecution of the said fishery ; and tiiat the said vessel hath not, since 
its last clearance outwards, been on any other voyage, or pursued any 
other design or view of profit, tlian that of taking (Eh, or sailing or 
curing the same, of salting or curing other fresh fish lawfully purchased 
at sea ; and that all the fish brought into port-by the said vessel were 
taken by the crew belonging thereto, or (in case of such vessel not 
returning till after the expiration of three months) were purchased of 
British subjects; which certificate, license, and oath, together with au 
account of the fish taken, shall be transmitted, b\ the said collector and 
comptroller, to the commissioners of the customs for England, or to 
commissioners of'the customs or excise for Scotland, respectively $ and 
such commissioners, being fully satisfied of the faithful dealing of th@ 
master, and other, persons concerned in such vessel, shall, on demand, 
cause payment to be made, to the oyvner or owners, or to his or thejf 
assigns, by the receiver-general of the customs or excise, as the case 
shall happen, the sum of 20. (d 0.5.) per ton, according to the admecu 
sufement of such buss or vessel. 26 Geo. III. c. 81, §•. 5. 

A proper number of men must return zdth the vessel. —-Any vessel, 
which shall return into port with a less number of men than such*vas=- 
sel is required to have, unless it be made appear that the reduction 
was occasioned by death, sickness, or desertion, without any default, 
fraud, or collusion, on the part of the owner or owner? ; or which 
shall return, within the said three calendar months, without a fulj 
cargo; or, having a full cargo, unless the whole were actually caught 
and taken by ffie master and crew belonging to such vessel ; shajj 
not he entitled to any bounty on the tonnage thereof) 26 Geo. Ill, c. .81, 
§. 6 . 

Commissioners of customs, 6,-e. to pay the bounties. —The commissioners 
of customs, in England and Scotland respectively, are to order the said 
bounty to be paid by the receiver-general or cashier of the customs for 
that part of Great Britain whence the vessel shall have,departed ; and, 
if the receiver-general or cashier of the customs at Edinburgh shaft not 
have sufficient money in his hands to pay the said bounty, any three of 
the commissioners of customs at Edinburgh shall give the person, en* 
tilled to receive such bounty, a certificate to the commissioners of ex.. 
cise for Scotland ; which certificate being affixed to the said license, 
and the other certificates and documents afdresaid, and being producer! 
to the said commissioners of excise, they are, on demand, to cause the 
said money to be paid, by the receiver-general or cashier of the said 
excise. 26 Geo. III. c. 81, §. 7, 

Bounty per barrel on twice-packed herrings, &c. •—Tor every barrel of 
herrings, twice packed and completely cured, which shall, during any 
one vgar, be landed from any vessel, entitled to the aforesaid byunfv 


332 


ACTS FOR THE BRITISH FISHERIES. 

©f 20#. (10#.) per ton, there shall be paid a bounty of 4s.* 26 Geo. IIR 
c. SO, §. 8 . — But, if the number of barrels of herrings, iriiported by any 
siich vessel, shall, in any one year, exceed the proportion of two barrels 
and a half of herrings, packed and cured as aforesaid, for every ton bur¬ 
then of such vessel, then there shall be paid, for every bane! so ex¬ 
ceeding the said proportion, a bounty of J.y. only,f and no more. 2d 
Geo. HI. c. 8 i, § 9. —AH herrings, upon which shall be claimed the said 
bounties of 4s. (now 2s.) and 1#. (now 6d.) or either oi them, shall be com¬ 
puted at the time of their being unshipped, while they are .in the state in 
ywhich they are usually denominated sea-steek., or herrings not repacked, 
and that four barrels in that state shall be considered as equivalent to three 
barrels packed a second time. 26 Geo. III. c. 81, §. 10.— For all her¬ 
rings which shall be landed from any boat or vessel, not entitled to the 
bounty of 20s. (10#.) per ton, and which shall afterwards be properly 
salted and cured, there shall be paid a bounty of 2#. per barrel. 26 
Geo. III. c. 81, §.11. -— 3.5 Geo. III. c. 56, §. 3,; 

Casks to be branded^ — Before any bounty hereby granted shall be paid, 
every cask or package of herrings shall be branded, in the sight of the 
officer of the customs, with a hot iron, in such lasting marks as the com¬ 
missioners of the customs shall direct, and as may effectually distinguish 
the casks of packages containing herrings landed from vessels entitled 
to the said bounty on the tonnage thereof from such as contain herrings 
landed from boats or vessels not entitled to such bounty on the tonnage. 
26 Geo. III. c. 81, §. 12. 

By whom bounties are payable. — The said bounties of four shillings, 
(now 2s.) and one shilling, (nozu 6d.) shall be paid and payable by the 
same person or persons, and in the same manner, as the bounty of 
twenty shillings, (10#.) per ton, upon a debenture or certificate, to be 
prepared and granted by the collector or comptroller of the customs 
in the port where the ship shall be entered, and to be verified by the 
person executing the office of searcher in such port. 26 Geo. III. 
c. SI, §. 14. 

Premiums in the Deep-Sea Fishery. — And, for the encouragement of 
the fishery, usually called the Deep-Sea Fishery , on the North and 
North-Rast coasts of this kingdom, be it enacted. That, over and 
besides the several bounties hercin-before granted, there shall be paid 
the several premiums following : (that is to say,) For the greatest quan¬ 
tity of herrings caught by the crew of any one vessel, (which shall be 
entitled to the several bounties of 20*. per ton, and 4#. and 1 , 9 . [noio 
10#. 2#. and 6d.) per barrel, hercin-before granted respectively,) and 
which shall be imported by such vessel, between the 1st of June and 
the 30th of November in any one year, tire premium of 80 guineas; 
and for the next greatest quantity/ the premium of 60 guineas; 
and for the next greatest quantity, the premium of 40 guineas ; and for 
the next greatest quantity, the premium of 20 guineas ; each of which 
said premiums shall be paid, at any time after the 30th of November 
in every year, by the same person, and in the same manner, as the same 
bounty of 20#. (10#,) per ton, upon a debenture.or certificate to be pre¬ 
pared and granted by the collector and comptroller of the customs in 
the port where such fish shall be entered, and to be verified by the 

*'Reduced by 42, Geo. III. c. 79, to is. per barrel. 
f Reduced to 64 . by 42 Geo. IM. c. 79. 

+ Of this bounty, I*. was given by the first of these acts, and the other is. by the 
latter. Doubts having arisen whether cured of fish in the Lie cf Man were entitled 
to this additional i*. given by the latter act $ the act of 39 and 40 Geo. III. c. 85. 
enacted that they were eptitl^d. 


person 


ACTS FOR THE BRITISH FISHERIES. 383 

person executing the office of searcher in such port. 26 Geo. III. Ca 
81, §. 14. 

Bounty on the tonnage, SfC. — The owner of every decked buss or ves¬ 
sel, of not less than 15 tons, built in Great Britain, and navigated ac¬ 
cording to law, the crews of which shall, between the 1st of January, 
in any one year, and the 31st of December, in the same year, have taken, 
in the deep-sea fishery, such a quantity of herrings as shall amount, 
when completely cured, either as white herrings or as red, to the pro¬ 
portion of six barrels for every ton of her measured burthen, shall, du¬ 
ring the continuance of the 26 Geo. III. c. 81, be entitled, at the end 
of every such year, to a bounty of 20. (lO.) per ton on her said bur¬ 
then, and shall also be entitled to the farther bounty, granted by the 
same act, of Is. ( 6d .) per barrel on the quantity of,fish so taken and 
properly cured,. either as red herrings or as white, notwithstanding 
such vessel may not have been fitted out with the quantity of nets, salt, 
and barrels, required. 27 Geo. III. c. 10, §. 4. 

Quantities to be verified by the port-officer .— An account of the quantity 
of herrings delivered from any vessel, fitted out on the herring- 
fishery, without being furnished with the quantity of nets, salt, and 
barrels, required by law, and on which the .bounty shall be claimed, 
shall be taken, at the respective times of such delivery, by the proper 
officer of the port, which account shall be verified by the oath of the 
master and maHtof the vessel; and the said master and mate shall also 
swear, that all the herrings so delivered were caught by the crew of 
the said vessel only; and, for every last of herrings so delivered, the 
owner of the vessel shall, within the said year, or within fourteen days 
after its expiration, produce, to the proper officer of the port, ten bar¬ 
rels of herrings properly cured, either as white herrings or as red. 
Provided always, that, of the vessels fitted out from any one port in 
■Great Britain, in any one year, not more than 50 shall be entitled to 
the said bounty of 20.*. (IOs.) per ton ; and, if more than 50 vessels of 
not less than the aforesaid burthen, and built and navigated as afore¬ 
said, shall have been fitted out from any one port in Great Britain, in 
any one year, without being furnished with the quantity of nets, salt, 
and barrels, required by the aforesaid act, and shall have taken, within 
the aforesaid time, the quantity of herrings aforesaid, the said bounty 
shall be paid to those 50 vessels, the crew's- of which shall have taken 
the greatest quantity^of herrings. 27 Geo. III. c. 10, §.5. 

Cod, lijig, hake , and salmon. — From the said 1st of June, 1787, all 
duties then payable for such herrings, cod, ling, hake, and salmon, or 
other white fish, caught and cured by British subjects, as shall be re¬ 
moved for home-consumption, (except , only such equalizing duties as 
are by this act expressly directed to be continued,) shall cease and de¬ 
termine. 26 Geo. III. c. 81, §. 15. 

Bounty on cod, ling, eye. — And whereas, by an act of the 5th Geo. I. 
c. .18, the several bounties, &c. therein and herejn-after expressed, 
were made payable for all such fish, herein-after mentioned, as should 
be exported from any port in Great Britain, into parts beyond the seas: 
(that is to say,) for every hundred of cod-fish,-ling, or hake, except 
dried cod-fish, ling, or hake, commonly called haberdine, which should 
contain in length fourteen inches or upwards, from the bone in the fin, 
to the third joint in the tail, five shillings; and for every hundred weight 
of dried cod-fish, ling, or hake, commonly called haberdine, three shil¬ 
lings. And, whereas the distinction between dried cod, called haber¬ 
dine, and dried cod not so culled is useless, and as it appears that the 


$84, 


ACTS FOR THE BRITISH FISHERIES. 


value of cod in foreign markets is much diminished by that degree of 
dryness which gives it the denomination of haberdine, be it therefore 
farther enacted, That, from the passing this act, for-all such dried cod, 
ling, or hake, 'as under the said act'of the 5th of George I, or any sub¬ 
sequent act, would (in case this act had nor been made) have been 
entitled to the said bounty of five shillings per hundred thereby granted, 
there shall be paid the sum of three shillings per hundred weight, in' 
the same manner' as the said bounty or-sura of three shillings, by the 
said act granted for every hundred weight of dried cod-fish, ling, n r 
hake, commonly called haberdine, is payable by force or virtue thereof; 
and the said bounty of five shillings.-per hundred’ shad henceforth be 
discontinued and repealed. 26 Geo. III. c. 81, §. 16. 

Casks to be marked zvith the carer's mimes. - - On all barrels and oaks, 
in which any fish* whatever (except fresh fish) shall be packed up either 
for exportation or home-consumption, the names of the curers thereof 
shall be burnt with an-iron-in conspicuous and permanent characters; 
and every barrel or cask,, in which any fish (except fresh fish) shall be 
packed up without the name of the curer thereof burnt as aforesaid, 
may be seized by any officer of his Majesty's customs; and, upon due 
proof thereof before- any justice of the peace, every such barrel or cask 
shall, together with the fish therein contained, be forfeited and lost. 
26 Geo. III. c. 81, §.17. 

Thickness of stares. —The staves of every barrel, in which any white 
herring or wet white fish shall be packed up for exportation, shall not 
be less thick at the bulge than half an inch, and every such barrel shall 
be full bound ; and every barrel, in which such fish shall be so packed 
up, less thick than as aforesaid, and not full bound, may be seized by 
any officer of his Majesty’s customs ; and, upon due proof thereof, be¬ 
fore any justice of the peace, shall, together with the fish therein con¬ 
tained, be forfeited and lost. 26 Geo, III. c. 81, §. 18. 

Privileges for practising fshing seven years. — Every person who 
shall, for seven successive years, have followed the occupation of a 
seaman or fisherman on-board of any ship or vessel employed in the 
fisheries of Great Britain, (being a married mah,) may set up and ex¬ 
ercise any trade, in any place within Great Britain, as freely, and with 
the same provisions, and under the same regulations, and with the like 
exception, in respect to the two universities of England, as any mari¬ 
ner or soldier may do,, by virtue of an act passed m the 22d of'George 
II. entitled. An Act to enable such Officers, Mariners, and Soldiers, 
as have been in his Majesty’s Service since his Accession to the Throne, 
to exercise Trades. 26 Geo. III. c. 81, §. 19. 

Caved fish may be carried from place to place ..— Any person may carry 
from any place in Great Britain, to any other place in the'said king¬ 
dom, for home-consumption, any red herrings or white herrings, or any 
salmon, cod, ling, tusk, or other white fish cured with salt made in any 
part of Great Britain. 26 Geo. III. c. 81, §. 20. 

Curers of herrings may carry them coastwise .— The curers of herrings 
in Great Britain may, during each season of the British fishery, carry 
coastwise in bulk, free of any duty whatever, herrings, (or cod, ling, 
hake, and salmon, actually taken in the herring-fishery,) that shall have 
been deposited under the care of the salt-officers at any fishery upon 
the British coasts, and there sprinkled with salt taken out of any ware¬ 
house under the revenue-locks, (which salt shall have been deposited 
there for that purpose only,) to preserve them until the same shall be 
afterwards carried coastwise to that part of Great Britain where they are 

to 


ACTS FOR Tiir MlTISH FISHEFJIES. 


265 


to be entirely cured. Provided always, that ‘the coast-cocquet .shall .' 
express, that no 'bounty has been''paid or claimed for such fish ; andihat > 
they are subject to all the rcf^ulatiOh'^ fOr the -security of the dudes .‘On. 
salt. 35 Geo. III. c. 56, §.4. - 

Repeal of part'of an act of Queen Anne .-—• And whereas, by an act'of 
Queen* Anne,“passed in Scotland, it Ifc-enacted, -that it .shall be'lawful , 
for the sheriffs, &e. not only to visit the curing and packing of hep- 
ring of white'fish' in their respective bounds, hncDin case that there be 
broken,’bruised, spiit, or not gutted, herring. or. fish ampngrthem, the- 
said she: !:!’' 1 ,'&c.' Ure > thereby ordained to secure the whole casks 
where -the suid'Thcufiicicnt her-rin^-iof white fish shall be found, and'* 
• the petxi'ni’to vtffidm they belong 1 'shall ! pay * for each last one hundred! 
marks Scots-; and the said inefficient herring or fish. shall not be ex¬ 
ported at*'any tirtii*' thereafter :* be-it enacted, that socmuch of the said ' 
act as'relates t'<5' the securing of casks of herrings, to the paying the 
said tine or'penalty, and to tneir not being exported dor and in respect* 
of .-an y ungiiital herrings being‘found -therein,- be repealed. .35.Ge6».IIi;b 
C.M56, §. 5 : .-‘ ~ - '• Jl ..J i t 

Duties oh salt litade in Scotbmd> : ^T\i& Several rates and duties, which;*' 
by an act of v the : 2$th of Geo*. II. cv23y are made payable on the im¬ 
portation ' into" England of salmon, cod^ ling, tusk, ! and other white ; 
hffi, cured*WitfP sSlf made in Scotland/-for which the duty hath been * 
there paid* or'secured, slva.ll be continued, and the like rates.and duties! 
shall be 1 extb'nddd'to, and shall be paid for, all salmon, cod, ling, hake, 
tusk-, and other white fisjh, broughtfrom Scotland into England for home- 
consumption, Cured in Scotland with -salt made in any part of Great 
Britain, for which the duty had been* paid or secured ; and the several 
provisions, regulations, and restriction*, in the said .act contained and 
thereby prescribed, for the- entry and clearance of such salmon, cod, 
ling, hake, tusk, and other white fislr, cured with salt.made in Scotland, 
and for the importation and removal thereof, and ft>r the payment and 
securing the duties thereby granted, and the several penalties thereby 
inflicted for-any’breach of the said provisions ancl regulations, shall be 
observed, performed, and enforced, in respect.to the rates and duties 
hereby granted, in the same manner as if the same -were here repeated 
and re-enacted. 26 Geo III. c. 8I, -§. 21. 

Herrings, fyc. moy be ■exported • duty free. — It shall be lawful for any 
person .to carry, from any place in Great Britain to any other place 
therein, for exportation to foreign parts, any white herrings or red 
herrings, or any salmon, cod, ling, tusk, or other white fish, the 
owner of the fish or master of the vessel making oath, before the 
chief officer of the customs, or his deputy, that such fish were 
caught in Great Britain, or on the coast thereof, and cured with salt 
delivered, duty free, from some part of the said kingdom, and when, 
and whore, and to whom, the said salt was so delivered. 26 Geo. Ill. 
c. 81, §. 22, 

Bounty on exportation, r—All such red herrings, white herrings, salmon, 
cod, ling, tusk, or other white fish, so brought or conveyed coastwise 
From one place of Great Britain to another, shall, upon importation of 
any part thereof to foreign parts, be entitled to the same allowances or 

* The duly imposed by the 8th section of this act of the 29th Geo. II. c. 23, is 2s. 

4 d. tor every barrel containing 32 gallons, and so in proportion for a greater or less 
quantity of ibb. 

C c bounties 

m \ 


ACTS FOR THE BRITISH FISHERIES. 


SS 6 * 

bounties as by the act of the 5th of Geo* I. c. 18, are granted * on tha 
exportation of fish, cured in Great Britain, such fish being subject to the 
same rules.and regulations, to prevent the re-landing or re-importing 
thereof after clearing outwards for exportation, and the owner thercot 
being subject to the same penalties in case of re-landing, or fraudulent 
proceedings, in order to obtain the said bounties,, as by the said act are 
prescribed or inflicted in regard to fish cured and exported from Great 
Britain. 26;Geo, III. c. 81, §. 23.— Provided always, that no allow¬ 
ance or. bounty, upon such exportation to foreign parts of any red her¬ 
rings, white herrings, salmon, cod, ling, tusk, or other white fish, so 
eftrited coastwise, from any. place in*England to any place in Scotland, 
shall be„ paid in Scotland; but the chief officer of the customs, or his 
deputy, at tire place from which such fish shall be sp exported, shall, 
upon oath made, of the shipping of the said fish, and.ip;.not being, or 
intended to be, re-landed in Great Britain, give a debenture for fhe pay¬ 
ment ofr the. said allowances, or. bounties 5 which debenture being pto- 
difcfti tolHie'coinmissionerfi pf thfi customs in England, they shall pay 
the same. 26 Geo. III. c. 81, § 24. — Provided always. That no al¬ 
lowance or bounty, upon such re-exportatiQn, as aforesaid, of any red 
herrings, white her pngs, salmon, cod ,1 ling, tusk, or other white fish, 
so carried coastwise from any placedn Scotland to 4 any place in, England, 
shall be paid in England ; but the chief officer of tjie: oustpitrs, or his 
deputy, at the place from whiph such, fish shall be so exported, shall, 
upon oath made of the shipping of the'fish, audits nofbeipg, or intended 
to be, re-landed; in Great Britain, givSeja debenture,, fftT. payment of the 
.said allowance? or.bounties, which debenture being produced,either to * 
the commissioners of the customs or the commissioners of, the excise in 
Scotland, they shall pay th.esam,e.. ,26 Geo. III. c. 81, §. 25. 

Proper entries to be made oh exportation. — Provided also. That the 
proprietor of such red herrings, white herrings, salmon, cod, ling, 
tusk, or other, white fish, shall be put,on-board of any vessel, in any 
place in Great Britain, whether for home-consumption, or exportation 
to foreign parts, or his agent, shall, before such vessel depart from the 
shipping-port, make a full entry with the collector or other principal 
officer of the customs there, or his deputy, of the fish sq shipped, ex¬ 
pressing the number of barrels of wet fish, with the marks aj)d numbers 
thereof, and the number and weight of each species of dry fish, and 
declare upon oath, that the said fish, were cured in Great, Britain, or on 
the coast thereof, and whether they were cured with salt delivered duty 
free, or with salt for which fibe duty payable by law hath been paid or. 
secured ; and that the salt, used in curing such wet or dried fish rcspec- 

* The 5th Geo. I, c. 18, § 6, (as amended by 26 Geo. III. c. 18, §. 16,) gives 
tlic following allowances upon exportation : 

d. 

Every cask of pilchards or sends, containing 50 gallons - - 70 

Every hundred weight of dried cod-fish, line, or hake - -30 

Every, barrel of wet cod-fish, ling, or hake, containing 3$ gallons - 20 

Every barrel of salmon, of 42 gallons - - - - 46 

Every barrcU.f white herrings, of 32 gallons 2 8 

Every barrel of full red, herring of 32 gyillon^ - - - 1 9 

Every barrel of clean shotten red herrings, of 32 gallons - - 16* 

Every last o‘dried red sprats - - _ - _ 10 

It,is, hpwc.vcr, tg bf ohscrved, that the bounty of 2*. Sd. per barrel, on white herrings 
exported, has been discontinued lor .several years, and is farther discontinued by 43 
Geo. III.* e. 29, until the 23th March, 1804. 

lively 


ACTS FOR THE BRITISH FISHERIES'. 


5*7 

lively, was taken on-beard from some port or place in Great Britain, 
and when and where it was so taken on-board, and that no drawback 
for the same hath been had, or is intended to be had, upon the 
exportation of the said salt; and the said collector, &c. is likewise 
required to deliver to the masteF of such vessel a certificate, of coequet, 
that such entry and oath have been duly made ; and the master of every' 
ship or vessel, wherein sta ll fish shall be shipped to be carried coast¬ 
wise as aforesaid, or the proprietor of such fish, or his age*#, shall, 
before landing the said fish, or any part thereof, or putting it on-board 
of any other ship or boat, in any port or place of Great Britain, deliver 
the said certificate or cocqust to the proper officer of the customs' in 
the por* or place where the same shall be imported, or landed, or put 
on-board of any other ship or boat, upon pain of forfeiting all such fish 
as shall be so imported, or landed, or put on-board of any other ship 
or boat, and also double the value thereof, together with all the casks 
or vessels in whicli such fish shall be found, the same to be recovered 
of the importer or proprietor of the fish, or of the mas tot 1 of the vessel 
in which the same shall be imported and brought in. 26 Geo. Ilf. 
•c. 81, §. 26. 

Salt for curing fish far exportation to be taken duty free. ~tt shall fie 
lawful for the curer of fish in Great Britain, to take from any salt Works 
or pits in Great Britain such quantity of British salt as they shall think 
proper, as well for the curing of any kind of fish for exportation, a ; s 
for the curing of herrings and other fish taken in the* herrmg-frshery 
for home-consumption, without paying any duty for the same, and to 
remove coastwise the salt so taken to any port or place in Great Bri¬ 
tain. But such curers offish, or their agents, before sudi salt shall be 
removed from the salt work or pit, must enter, at the next office for 
the salt-duty, the quantity of salt so intended to be removed, and pro¬ 
cure the same to be weighed in the presence of an officer for the salt- 
duties, and also make oath, before such officer, declaring, the true 
quantity thereof, and that all such salt is intended for the curing of fish 
for exportation, or for herrings and other fish taken in the herriiig- 
fishery for home-consumption (as the case may be); and that the said 
salt is intended to be removed coastwise to such a port or place, (naming 
the same,) and shall not, by their order, consent, or connivance, be 
sold, given &way, or any ways delivered, but for the purpose aforesaid; 
and also make a full entry of such salt with the proper officer of the 
customs at the port where the same shall be shipped for the purpose of 
being transported coastwise, and also give security to the' same officer, 
by their bond, for the due payment of such duties; and the proprietor 
of such salt so to be transported coastwise, or his agent, shall, on the 
arrival thereof at the port'or place for which it shall have been so ship¬ 
ped, and before the same shall be re-landed, make a full entry, with 
the collector or other principal officers there, of the salt so intended to 
be re-landed, expressing the true quantity thereof; and also making 
oath, before’such collector or other officer, that all the said salt Was 
shipped at such a port or place, (naming the saritc,) and when the same 
was so shipped, and that ail’ the said salt is intended for the curing of 
fish for exportation, or for herrings or Other fish taken in the herring- 
fishery for home-consumption, (as the case maybe,) and that no part of 
«ttich salt, since the same was shipped, hath been or shall be thereafter, 
by their order, consent, or connivance, sold, given away, or anyways 
delivered, but for the purpose aforesaid, and that no drawback for the 
tame- hath been had, or is intended to be had, upon the Cxportathm 

Cc Z of 


ACTS FOR THE BRITISH FISHERIES. 


3SS 

of the said salt: after which oath, the said collector, or other princi¬ 
pal officer of the customs, is required to deliver to the proprietor of 
the said salt, or his agent, a ceitificate that such entry hath been made ; 
upon the delivery whereof to the officer of the customs, to whom such 
bond shall have been given as aforesaid^ such bond shall be cancelled ; 
and, after suclyentry and oath made, the proprietor of such salt, or his 
agent, shall be^ at liberty to re-land the same in the presence of the 
proper Officer; and such salt being weighed in the presence of such 
Offer, and lodged in a warehouse, under the lock and key of the said 
officer, as well as of the proprietor of the said salt, shall be secured, 
dealt with, delivered over, and accounted for, in the same manner as 
is.by the said act of the 5th of Geo. 1. c. 18, directed, concerning the 
salt thereby allowed to be taken by eurers of fish for exportation. £6 
Geo.‘ III. c. 81, §. 27. 

Regulations respecting salt. — Provided always. That, if any British 
salt shall be removed from the works or pits, or transported or removed 
coastwise, or landed,, contrary to the regulations prescribed by the said 
act, such salt, and also double the value thereof, besides the duties 
payable for the same, shall be forfeited, to be recovered of the proprie¬ 
tor of such salt, or the master of the vessel so transporting or removing 
the same. ,26 Geo. III. c. 81, §. 28. — Whenever any salt, foreign 
or British, shall be delivered over, from the joint custody of tlie officer 
and proprietor, into' the sole custody of the proprietor, or his agent, 
for curing fish for .exportation, such proprietor, or his agent, shall not 
be obliged or required, under or by force or virtue of the acts of the 8th 
of Geo.’II. c. 12, and the 25th of Geo. III. c. 63, or either of them, 
or any other act or acts whatsoever, to give any security, by surety or 
sureties, but his own bond, in double the amount of the duties only. 
26. Geo. Ifl. c., 81, §. 29. — Credit for the quantity or quantities of salt, 
for which such bond shall be given as aforesaid, which shall have been 
used and duly accounted lor, shall, from time to time, be given by the 
proper officer on the back of the said bond; and also, when a proper 
account shall have been rendered of the' whole of the salt specified 
therein, or the duties paid upon the deficiency thereof, the said bond 
shall be void, and shall be cancelled. 26 Geo. III. c. 81, §. 30. 

/ No stamps necessary Jor boat-owners. — No bond or* other security to 
be given by any taker or curer of fish, or the master or owner of any 
boat, &c. employed in the British fisheries, or in the exportation of’ fish, 
or in the conveyance offish, from one British port to another, for or in 
respect of such his occupation or employment, by force of any law now 
'in being, shall be charged with any stamp-duty whatever. 26 Geo. III. 

81, §. 31. 

No fees to he taken. — It shall not be lawful for any officer of his 
Majesty’s customs to accept any fee or other perquisite, for any trans¬ 
action relative to any vessel or boat employed in the fisheries, or in th,e 
transportation from one place to another of fish, or of salt for the use of 
the fisheries, or for the payment of any bounty or debenture on fish, 
upon the forfeiture of treble the value of the sum ; of money or other 
thing so by him or them demanded or accepted, and-he shall be forth¬ 
with discharged from such office as he shall then hold in his Majesty’s 
customs. 26 Geo. III. c. 81, §. 32. 

Bounty extended to the Isle of Man. —The like bounty of one shilling 
'per barrel, as above mentioned, shall be paid for all such herrings caught 
by the inhabitants of the Isle of Man, as shall be landed therein from 
3 »y boat or vessel, and shall be afterwards properly salted, cured, and 

packed. 


ACTS FOR THE BRITISH FISHERIES, 389 

packed, in manner as above directed for British-caught herrings ; which 
said bounty shall be exclusive of all bounties payable on exportation of 
herrings to-foreign parts, and shall be paid, with respect to such her¬ 
ring's as shall be landed in the Isle ol Man, by the receiver-general of 
the customs thereof, upon the owners of such herrings complying with 
and conforming to the like rules and regulations, and being subjected 
and liable to the like ’penalties in case of re-landing, or any other frau¬ 
dulent practices, in order to obtain such bounties as are by this'act 
directed with regard to British-caught herrings landed in Great Britain. 
26 Geo. Iff. c. 81, §. 33. 

Allowance on Exportation extended to the Isle of Man. — All such her¬ 
rings as shall be caught and cured by the inhabitants of the Isle of Man, 
and exported thence or from Great Britain to foreign parts, shall, upon 
exportation of any part thereof, be entitled to the like allowances of 
2s. 8 d. per barrel on white herrings so exported, and on 1?.. 9d. per 
barrel on red herrings so exported ; which said allowance shall, on such 
as are exported directly from the Isle of Man, be payable out of the 
said funds, and in the same manner, as in this act is directed with re¬ 
spect to the bounty on the landing of herrings on the Isle of Man, 
caught and cured by the inhabitants thereof-; and the allowance, on 
such as shall be exported from Great Biitain, to foreign parts, shall, on 
the owner thereof producing proper certificates, signed by the collec¬ 
tor, comptroller, or other chief officer, of his Majesty^s revenue of the 
said island, of such owners having taken the like oaths, and of their 
having conformed to the like provisions and regulations, as by this act 
are directed in the case of herrings cured in Scotland and exported from 
England, or cured in England and exported from Scotland, be payable 
out of the same funds, and be paid under the like conditions, restric¬ 
tions, and regulations, and with the like penalties in case of re-landing, 
or in case of any other fraudulent practices, as by the said recited of 
by this present act are provided, prescribed, and inflicted, in regard 
to herrings cured in, and exported from, any part of Great Britain. 26 
Geo. III. c. 81, §. 34«. 

Duties to cease in the Isle of Man. — All duties on such herrings as are 
caught and cured by the inhabitants of the Isle or Man, and imported 
into Great Britain, shall, from the passing of this act, cease and deter¬ 
mine. 26 Geo. III. c. 81. §. 35. 

No fees to. be taken. — The like restrictions and penalties as are herein¬ 
before mentioned, with regard to officers asking or accepting of any 
fee, &c. for any transaction relative to the fisheries, shall be extended 
in the most full and ample manner to the fisheries of the Isle of Man. 
26 Geo. III. c. 81, f. 36. 

Oaths may be administered by the collectors, Sfc. — And, whereas, by an 
act of the 12 th Geo. III. c. 58, any sort of herrings, caught upon the 
coast of the Isle of Man, and cured there, may be imported into Great 
Britain, upon payment of the duties therein mentioned, the master or 
commander of the ship so importing such herrings bringing with him a 
certificate, from the governor or chief Magistrate, that oath hath-been 
made before him, that the same were bond fide taken on the coasts of the 
Isle of- Man, and cured there : Be it farther enacted, that, from the 1 st 
of August, 1786, the said oath, required By the said act to be taken be¬ 
fore the governor or chief magistrate, shall be administered by the col¬ 
lector, comptroller, or other chief officer, of the revende, at the port 
•r place in the said island where such herrings shall be shipped or loaded, 

Cc 3 who 


3»0 


ACTS FOR THE BRITISH FISHERIES, 

who is to grant g certificate thereof in the form required by the said 
act. 26 Geo. III. c. 81, §. 37. 

Compensation to officers.- —Provided always, that it shall be lawful for 
the commissioners of customs to make such addition to the present 
salaries pf the officers, whose incomes shall be reduced by the abo¬ 
lition of such fees or other perquisites as aforesaid, by way of com¬ 
pensation for tire same, as they shall judge necessary. 26 Geo. III. 
c..Sl, §. 38. 

PtnaUy for counterfeiting or altering certificates, $c. — If any person 
counterfeit, erase, or alter, any certificate, debenture, or cocquet, by 
this act directed to be made, or shall use any such, knowing the same 
to be so counterfeited, erased, or altered, such person shall be liable to 
the same punishment as are persons convicted of forgery. 26 Geo. III. 
c. 81, $.39. 

False oaths punished os perjury. —If any person, m making any oath 
directed by this act, shall wilfully and falsely swear any matter or thing, 
which, in any of his Majesty’s courts, would have amounted to wilful 
and corrupt perjury, every such person shall be liable to the same 
punishment as arc persons convicted of wilful and corrupt perjury. 
2.6 Geo. HI. e. SI, $. 40. 

Distribution of penalties. —AH the penalties and forfeitures, herein¬ 
before given by this act, shall be distributed thus: One moiety to his 
Majesty, and the other moiety to any person who shall seize, inform, 
or sue, for the same. 26 Geo. III. c. 81, $.41. 

Persons sued. —If any person shall be sued or prosecuted for any thing 
done in pursuance of this act, such persons may plead the general 
issue, and give this act and the special matter in evidence ; and, if 
the plaintiff shall become non-suited., &zc. then such defendant shall be 
entitled to. double costs. 26 Geo. III. c. 81, §. 42. 

Penalty for selling fish illegally .— And whereas, by an act of 1 Geo. 1 
<?. 1^, and also by an act of 9 Geo. II. c. 33, no herring, cod, pil¬ 
chard, salmon, or ling, fresh or salted, dry or bloated, nor any grill, 
mackarel, whiting, haddock, sprats, coal-fish, gull-fish, congers, or 
any sort of flat-fish, or any other sort of fresh fish whatsoever, (except 
turbots and lobsters,) can be legally imported into, or sold in, England, 
which shall be taken by, bought of, or received from, anv foreigner, 
or out of any stranger’s bottom, (except Protestant strangers inhabiting 
ill is kingdom,) and every person offending therein is liable to forfeit 
<*ne hundred pounds, to be recovered by any informer in any of th» 
courts in Westminster-hall and the master or commander of every 
such smack, hoy, yager, boat, ship, or other vessel, in which any fish 
shall be illegally imported or brought to shore, is also liable to forfeit 
f?50, to be recovered by any informer as aforesaid ; provided that no 
person shall incur an) forfeiture, unless the prosecution be commenced 
within twelve months after the offence committed: Be it therefore- 
enacted, That if, upon complaint, upon oath, before any two justices 
of the peace, it shall appear, that such officer doth know, or is credibly 
informed, or hath cause to believe, that any fish hath been imported or 
sold in the port of London, contrary to the true intent and meaning of 
the said acts of 1 Geo. I. c. 18, and 9 Geo. II, c. 33, and. of this pre¬ 
sent act, or of any such acts, it shall be lawful for the said justices to 
summon the person charged by such complaint to appear before them ; 
*nd, in case the party so summoned shall not appear, therv upon due 
proof made of the service of such summons, either personally or by 
leaving the same at his dwelling-house, &c* \yhilst the party shall be 

on-shore. 


ACTS FOR THE BRITISH FISHERIES. 


$21 

ton-shore,” or, not being on-shore, With some persbn in thte ship or ves-. 
sel to which he shall then belong, or cause such party to be appre¬ 
hended by warrant, and to be brought before them ; and thereupon, 
such justices shall proceed to hear the matter of such complaint, and tt> 
adjudge and determine the same. 26 Geo. III. c. 81, |. 43. 

Poiver ofapprehensionbdged in Justices. — It shall be lawful for the 
said justices, before whoni any such complaint shall be made, to sum¬ 
mon before them any person who shall appear to be a necessary- 
witness ; and, in case such person shall not appear accordingly, then, 
upon due proof made of the service of such summons ih manner 
aforesaid, to cause such person to be apprehended by warrant, and 
brought before them, and thereupon such justices shall proceed to 
examine him upon oath as to the matter of complaint; and, in case 
such person shall wilfully refuse to give evidence therein, or shall 
wilfully forswear himself, or prevaricate in his evidence, it shall be 
lawful to commit such person to the common jail, to remain for the 
space of one whole year, without bail or mainprize. 26 Geo. III. 
c. 81, $.44. 

Eliminations to be taken inventing. —The examination of every wit¬ 
ness shall be taken down in writing before the said justices; and, in 
case the party, charged by such complaint, cannot be made to appear dt 
the time of such examination, and such witness cannot be made to 
attend when such party shall appear, then such an examination ifi 
w riting shall be made use of, and shall have the same effect as if such 
witness were then actually present, and examined viva vocel 26 Ged. 
HI. c. 81, §. 45. 

Recovery of penalties. -—The several pecuniary penalties, by the act 
f>t the 9th Geo. II. c. 33, granted or imposed, shall be recoverable 
before any two justices of the peace, on due pfo'df by the oath of any 
credible witness, or by confession of the Offender, and the Whole Of 
inch penalties shall belong to the in^rmer making such complain!; 
and, in case of the non-payment of such penalties. With the Changes 
incident thereto, the same shall be levied by distress and sale of thfe 
goods of such offender; and, for want of sufficient distress* {he of¬ 
fender shall be sent to the common jail, there to remain for Oiih 
whole year, unless such penalties sffiali be sooner paid. 23 Geo. III. 
c. 81, §.'46. 

Justices mdy levy penalties by distress.— The justices before whom any 
such offender shall be conyicted, immediately after conviction, may 
order such offender into custody, (in case the said penalties, due m 
conviction, be not immediately paid,) during Such time, not exceeding 
48 hours, as such justice shall think proper to' allow from tire return (ft 
the warrant for levying such penalty, by distress and sale, as aforesaid. 
26 Geo. III. c. 81, §. 47. 

Justices may commit for non-payment. — It it shall appear to the jus¬ 
tices, that the party convicted hath no goods or chattels sufficient to' an¬ 
swer the penalties by him. incurred, then the .Mne justices shall, with¬ 
out issuing any warrant of distress, commit the party convicted, as it 
such warrant had actually issued, and a return ot nulla bona been made 
thereof. 26 Geo. HI. c. 81, §• 48: 

Security may be accepted. — It any such .offender shall, before his ac¬ 
tual commitment to jfridson, procure security to be gr/'en, By t\vo suf¬ 
ficient securities, for payment'bf the penalties/ With/the Charges ( inci- 
deht thereto, withiiY the space of fourteen' days, excfuuve of the day 
of conviction, £hei¥ such justices shill accept such security r afnd, upon 

C c 4 _ non-payment 


392 ACTS FOR THE BRITISH FISHERIES. 

non-payment thereof, at the time stipulated, it shall be lawful for lire 
• same or any.other justices of the peace for the same coiintv, &c. to 
cause the party convicted and his sureties to be apprehended, and them 
.to commit to the common jail, for such space of time as the party con¬ 
victed was liable to have been imprisoned; unless such penalty and 
charges shall be sooner paid. 26 Geo, III., c .8 l ?■ 49... 

Appeals may beamade to quarter-sessions. —If any person, .so convicted, 
shall think .himself aggrieved by the determination of any justices of 
.the'peacempon any complaint-in pursuance of this act, such person 
-.may, within the spacer of three calendar months then next ensuing, ap¬ 
peal to the..general or quarter, sessions ot the peace, such persons, so 
appealing, giving at. least six days notice thereof to the rinformer, and 
•of the matter thereof, and shall, with two sufficient securities, enter 
Jnto recognizance, before some justice for the same county, &c. to 
: appear and prosecute such appeal, and abide by'the order or deter¬ 
mination of thcGS&iider; and* in case such Conviction shall be affirmed, 
.the party so appealing shall pay unto the informer double costs. 26 
Geo. III. c. 81, §. 50. 

. Persons having 1 paid the. pemlty or 'being.imprisoned may appeal. —-In 
.case the person sb intending to appeal shall have paid the penalty into 
the hands of the said justices by way of deposit, or shall be then im¬ 
prisoned, such person may appeal to the said general or quarter, sessions 
within the time, aforesaid, on his or their entering (without.sureties) 
into such recognizance as herein, before-mentioned, and remaining in 
prison in the mean time, or depositing such penalty into the hands of 
the said justices. 26 Geo. III. c. 81, §..*51. 

Convictions not to be quashed for want of form. — No such conviction 
shkjf be set aside.for <want of.form, or through.the mis-stating of any 
fact, circumstance, or other matter, whatsoever, provided the material 
facts be proved to the satisfaction of the said court. 26 Geo. III. 
c. 81, §.52. ■ ■ 

Prosecutions to commence within twelve months. — Every prosecution, 
•in pursuance of this act, for any offence against the act of the first of 
Geo. I. p. 18, and. the 9th of Geo. IR c. 33, shall be.commenced within 
the space of twelve calendar morffh? from the time such offence shall 
have been committed. 26 Geo. UI. ,c. 81, § 53. 

This act not to repeal former ones. — Provided always. That nothing 
in this act contained, shall extend to repeal or alter any actor acts now' 
in force, except only so far as any such act or acts, or the clauses, pro¬ 
visions, powers, or authorities, therein contained or granted, are spe¬ 
cifically or expressly repealed, revoked, altered, or controlled, by this 
present act, or repugnant to any of the provisions herein contained. 
26 Geo. III. c. 81, §. 54. 

Abstract of such part of the Act of 35 Geo. III. c. 56, as extends 
these Fisheries to the Subjects or Inhabitants of the United Provinces, who 
reside in Great Britain. 

Inhabitants of the United Provinces may settle in this Kingdom . 

IF any person, being a subject or inhabitant of the United Provinces, 
who has been employed in carrying on the herring, cod, ling, haddock/ 
or other white, fisheries, , or the fisheries carried on in the Greenland 
Sea* surd Davis’s Straits, or the tiubot ftffiewes, or ip. building ves- 

- ’' ' * -._/•’ ’ sels,. 


ACTS FOR THE BRITISH FISHERIES. 393 

sels, or in cutting whalebone, or in making nets or barrel, or in pre¬ 
paring salt for the said fisheries, shall come into this kingdom with intent 
to reside herein, and shall go before some justice of the peace, sheriff 
depute, or substitute, or principal magistrates rob some city or town of 
tb;> kingdom, or before the principal officer of his Majesty's customs in. 
some port of thisTingdpm, and shall take the path of allegiance to his 
Majesty,'and i shall obtain a. certificate* of his having taken such oath, 
(for which he shall pay no greater fee than two shillings,) and if such 
person shail produce, such certificate to the commissioners of his Ma¬ 
jesty’s customs in England or Scotland respectively, and shall make it 
appear, to the satisfaction of such commissioners, that he is a subject 
or inhabitant, of the said United Provinces, and,had been employed in 
some one or other of the said fisheries, * or in-building vessels, or in 
making nets or barrels, or in preparing salt for the said fisheries, and 
that he hath come into this kingdom with intent to reside herein, aud 
.to carry on some one or other of the said'fisheries, trades, * or employ- 
mu its, the said commissioners of, his Majesty's .customs shall grant to 
such person a certificate thereof; and . such person shall. be. forthwith, 
entitled to enter for importation,^duty free, and afterwards to re-export, 
any cargo of fish, or the produce thereof, caught in any of the said 
fisheries, which he may*then have brought into the ports of this king¬ 
dom, and shall from thenceforth be authorised to carry on from the said 
ports, the said fisheries, or any of them, or ,to,exercise in any place 
therein any of the said trades or employments, and to import and ex¬ 
port such fish or oil, or other produce thereof, into or from any ports 
of this kingdom, in the same manner, imd with all the same advan¬ 
tages, as any British subject, and be entitled to all such bounties, pre¬ 
miums, and emoluments, as are granted by the acts of 26 Geo. III. 
c. 81, and 27 Geo. III. c. 10, and continued by this present act, and to 
no other, subject, nevertheless, in the case of claiming such bounties, 
to the same rules, regulations, restrictions, penalties, and forfeitures; 
and such person shall thereupon be entitled to become the master or 
mariner of an^ British ship or vessel employed in carrying on any of the 
said fisheries. ■> 35 Geo. III. c* 56, §. 7. 

Privileges granted to persons so settling. — If any such person, who shall 
have qualified himself in manner before directed, being the owner, in 
whole or in part, of any ship or vessel heretofore employed in some one 
or other of the said fisheries, shall bring any such vessel into any of the 
ports of this kingdom, and shall prove, in the manner directed in.the. 
act for the farther increase and encouragement of shipping and naviga¬ 
tion, (page 326,) having taken the oath hereunto annexed, instead of 
the oath required by the said act. it shall be lawful for his Majesty, 
with the advice of his privy council, to order such ship or vessel so 
owned to be registered, and to have a certificate thereof, and such 
ship or vessel shall by virtue thereof become entitled to the privilege 
of a British-built ship or vessel, under the regulations and restrictions 
herein-after mentioned. 35 Geo.- III. c. 56, §. 8. — During such time 
as the owner or owners of such ship or vessel shall continue to reside 
within this kingdom, it shall be lawful for such ship or vessel to carry 
on any of the said fisheries, and to import and export into and from this 
kingdom, and to carry to the port of any country in Europe, 'the fish 
caught in any such fisheries, and the oil and other produce thereof* and 
such ship or vessel shall be entitled to the like advantages as a*y British- 
built ship or vessel employed in any of the said fisheries, and* to all .such 
bounties, premiums, and emoluments, as are granted by either or both 


394 


ACTS FOR THE BRITISH FISHERIES. 


of the acts continued by this act and no other, subject nevertheless, Ih 
case of claiming slich bounties, to the same duties, riiles, regulations, 
restrictions, ■penalties, and forfeitures: and every such ship or vessel 
may import from Uny such foreign European port, in return for such 
fish, Oil, or produce, Uny articles which any British-built ship may by 
law import from thence, subject, nevertheless, to the sUnie duties, rules, 
^regulations, restrictions, penalties,, and forfeitures, as any British-built 
ship employed in the like trade : provided always, that every such ship 
or vessel, employed in the manner befote mentioned, shall be liianhed 
with the number required by law, either of British seamen, or by sub¬ 
jects or inhabitants of the" said United Provinces, -who have come 
to,, and continue to reside Within, this kingdom, and have qualified 
themselves in maimer before directed. 35 Geo. III. c. 56, §. 9.— 
.Any person so qualified as aforesaid shall be entitled to purchase or take 
by descent, and hold any estate in lands, tenements, or hereditaments, 
(not exceeding one hundred acres,) in the same manner as any natural- 
born subject of this kingdom may now do. 35 Geo. III. c. 56, §. 10. 
—Any such person, qualified in manner before-mentioned, may import 
and bring into this kingdom all such ships, tackle, and furniture, and 
all nets and other articles employed in such fisheries, and also all house¬ 
hold goods and wearing-apparel, without payment of any duty what¬ 
soever, provided it shall be made appear, to the satisfaction of the 
commissioners of the customs in England and Scotland respectively, 
that such articles respectively are not imported by way of merchandise. 

Forni of oath. —The oath before directed to be taken by the owner 
or owners of any such ship or vessel, shall be in the form and manner 
following, as far as the sajne is applicable to each or either of them. 

Forth of Oath. 

I, A. B. of [pface tf residence and occupation ] do make 0.1th, that the ship or vessel 
[name] of [port or place} whereof [master’s name} is at present master, being [kind cf 
bui/t, burthen, C-fc. as described in the certificate of the surveyinfr-ojficers,] wds [when, and 
where built, and when and ivhete it came ihto this kingdom {\ stitt thlt I, the Said A. 
B. and [the other owners names and occupation y if any, ami whirl they re*-peciVbety rl - 
side, viz. town, place, or parish and county ; or, if member of, and resident in, any 
factory in foreign parts , 0* in any foreign town or city, being an agent for, or partner in, 
any house or co-partnership actually carrying on trade in Great Britain or Ireland , the 
tutine of such factory, foreign town, dr city, and the names of such house or co-partner¬ 
ship,} arn [yt are] sole owner [or owners] of the said* vessel, and that no other person or 
persons whatever hath of have any right, title, interest, share, or property, therein or 
thereto; and [ii a British subject] that I, the said A. B. [and the said other owners, if 
any,} am [or art-], truly and bona fide a subject [or subjects] of Great Britain : and that 
I, the said A. B. have not, [nor have any of the other owners, to the best of my knowledge 
and belief ,} ta'kcrt the oath of allegiance to a’ny foreign star? whatever, [except under 
the term of sotAe cupitulxtioh , desetibihg the pdfticalarS thereof,} or that since my ta-king 
. [or his or their taking} the oath of allegiance to [naming the foreign states Respectively 
to which he or any of the said owners shall have taken the same} and prior to the passing 
of an act in the 26th year of the reign of King. George the Third, [entitled* An Act for 
the farther Increase and Encouragement of Shipping and Navigation,} I have [or lie or they 
hath or haVe] become a subject [or subjects] of Great Britain, [either by his Majesty's 
letters patent, as a denizen or denizens, or naturalized by act of par llament, as the case 
»tay be, darning the dates of the litters of denization, at the tic: or acts of parliament for 
naturalization, respectively,} or [<w the case may be} I have [or he or they hath or have] 
become a denizen [or denizens, or naturalized subject or subjects,, as the case may be,} 
of Grdfct Britain, by his Majesty’? letters patent, or by an act of parliarpeht, passed 
since tlid first cfay of January, orte thousand seven hundred and eighty-six, [naming 
the times wherf such letters of denization have been granted respectively, or thi year 
tr years in which such act or acts of naturalization have passed respectively,} or [if not 
a British subject ] that I, A f - B. and the other owners, it any, being a subject or sub¬ 
jects, inhabitant or inhabitant?, of t]re United’Provinces, or having been an inhabitant 


ACTS FOR THE BRITISH FISHERIES. 39} 

or inhabitants thereof, and now resident in this kingdom, [describing the particulars 
thereof as to the place and date,] have [or he or they hath or have] taken the oath of 
lid< , y and allegiance to his Majesty the king of Great Britain, [describing tht time 
the place where , and before whom, taken ,] and that no foreigner, not having 
complied with the conditions 3bove mentioned, directly or indirectly, hath any share, 
©r part, or interest, in the said ship or vessel. 35 Geo. ill. c. 56, tj. 12. 

Abstract of so much of the Act , 41 Geo. III. c. 21, (continued hip subse* 

quent Acts to 25th March, 1804,) as relates to alloziing i/te Use of Salt, 

Duty free , in the preserving of Fish. 

WHEREAS, in order to procure a large supply'of good and whole¬ 
some fish, it is expedient to allow suit to be used, duty free, for a 
limited time, for the purpose of curing or preserving herrings, pil¬ 
chards., mackarels, and all other kinds or species of wholesome fish, 
either in bulk or in barrels; it is enacted, that, during the continuance 
of this act, it shall be lawful for any person, who shall catch or lake, 
or purchase and cure, or preserve, any herrings, pilchards, mackard, 
or any other kind or species of wholesome fish, or who shall fit out 
any vessel for such purpose, to take and ship on-board his vessel, from 
his own stock of salt, or from the stock of salt of any other fish-carer, 
of whom such person shall purchase, or with whom he shall contract 
for salt, any quantity of salt, duty free, that shall be deemed necessary 
for curing or preserving the fish which may be expected to be taken or 
purchased in the trip or voyage in or upon which he shall immediately 
intend to dispatch of employ his vessel: provided, that no person shall 
be allowed to ship or have on-board any greater quantity of salt than 
in the proportion of ten bushel* for every ton burthen, by admeasure¬ 
ment of the vessel in br on-board of which such salt shall be taken or 
shipped: provided also, that before any person shall receive into his 
custody or possession, or take or ship 011 -board any vessel, any quanti¬ 
ty of salt, free of duty, for the purpose of salting or preserving fish, 
such person shall make entry in writing, at the next office of excise, of 
bis name and place of abode, and of the number and situation of every 
warehouse, which he shall intend to make use of for the keeping or 
storing of salt, and shall also give bond or security to be approved by 
the commissioners of excise, or the persons who.shall be employed by 
them tor that purpose, in the sum of 500/. that lie will duly account 
for all the salt which beushall at any time take, ship, receive, or have, 
on-board his vessel or vessels, for the purpose of salting or preserving 
of fish, and that such salt shall be fairly and bona fide employed and 
consumed in salting or preserving of fish as aforesaid, or shall be re¬ 
turned into the warehouse entered for the keeping or storing of salt, 
duty free,, whence the same was taken; and that no part of such salt, 
so- taken, shipped, received, or had, on-board any such vessel of 
vessels as aforesaid, shall be fraudulently sold or disposed of, contrary 
to the true intent and meaning of this act. 

. 2. AH persons intending to ship salt toff the purpose aforesaid sbaJf 
give to- the proper officer of excise, of the port or place whence such 
salt shall be taken and shipped, a notice m writing specifying their 
names, the name of the vessel on-board of which* the salt is intended 'tu¬ 
be shipped, the name, of the master, the burthen or vofr&age of such 
vessel, the- place t® which bound, the parsiculnx sorts- of fish cx-peeied 
to be taken or purchased, and cured, and exact quantity 
species of $ak intended to be- shipped ot put on-boasd such- vessel. 


395 


ACTS FOR THE BRITISH FISHERIES. 

3. It shall be lawful for any known and entered fish-curer or fish* 
curers to deliver any part of his stpck of salt, duty free, into the custo¬ 
dy or possession of any persons Who shall have made entry and g.-Ven 
bond according to the directions of this act: provided, that such salt, 
shall be delivered according to the regulations and restrictions prescribed* 
by an act passed in the thirty-eighth year of the reign of hrs present 
Majesty, for transferring the management of the salt-duties to the 
commissioners of excise, and for other 1 purposes. 

4. So soon as any such salt shall have been shipped for the purpose of 
curing fish as aforesaid, the ‘officer of excise, to whom the notice of 
shipping such salt shall ha'-e been delivered, is io give to the pro¬ 
prietor or master a certificate, specifying the name of the vessel and 
of the. master, the burthen of the vessel; the quantity and species of 
salt had on-board, and the name of the person from whose stock of 
salt the same was taken and shipped, the place whence'taken, the 
time when shipped, and the place to which the vessel is bound. 

5. If the owner or master of any, vessel, on-board which any salt 
shall be so taken or shipped, shall unship, or cause or permit to be 
unshipped'or unladen, any salted or cured fish, except at some lawful 
key within Great Britain, he shall forfeit, for every such offence, the 
sum of 100/. 

6. Within twenty-four hours after any vessel, on-board of which salt 

shall have been shipped as aforesaid, shall arrive at the port at which 
the cargo is to be unladen, the master shall make entry, with the 
proper Officer of excise. of such port, specifying the quantity and 
species of cured 'fish of which the .cargo consists* that is to say, if 
herrings, the quantity, according to the number of crans of thirty-four , 
gallons each, English wine-measure, of fresh herrings, which were 
taken; ,jf pilchards or mackarel, the number of barrels, consisting of 
fifty gallons each of the like measure, which were taken on-board 
fresh; and, if any other kind of fish, the number of barrels of 200 
pounds weight each, or the weight of such fish; and also the quantity 
of salt actually employed and spent in curing and preserving suchffish 
respectively ; and likewise the quantity of salt which shall be then 
remaining on-board his vessel, unused; and thereupon the officer of 
excise shall go On-board and examine all such fish and salt, and shall 
grant permission, in'writing, for landing all such fish, which, if re¬ 
quired by such officer, shall be unladen (and, if in bulk, measured or 
weighed) by the master, in the presence of the officer ; and, if any 
master shall neglect or refuse to make such entry, or make any false 
entry, or refuse to uniade the salted fish of which his cargo shall con¬ 
sist, and to measure or weigh such part as shall be imported in bulk, in 
the presence of the officer of excise, he shall forfeit, for every such 
offence, the sum of 100/. r" ■ 4 

7. The certificate received by the master, for such salt as aforesaid, 
shall be produced to the officer of excise by whom the cargo of the 
vessel shall be inspected and taken account of; and, if such officer 
shall be satisfied that the salt so specified shall have been fairly and 
bond fide consumed in curing the fish of which the cargo shall consist, 
he shall indorse ou*such certificate the true quantity of fish cured and 
landed, and the quantity of salt remaining on-board; which certificate 
being left with the proper officer of excise of the place at which suck 
certificate may have reference, or where the salt shall have been 
shipped) the last-mentioned officer shall give credit in the account of 
the person or'persons who stand charged in the books with 'such salt, 

for 


ACTS FOR THE BRITISH FISHERIES. 


391 


for so much as shall appear, by the indorsement, to have been actually- 
used, spent, and consumed. 

All the salt remaining unused on-board is to be returned into the 
warehouse whence the same was taken, or it may be taken out, at the 
option of the master or owner, tor curing fish on »his next voyage, 
either with or without any additional quantity* (not exceeding in the 
whole the proportion before-mentioned,) as he or they shaft. deem 
necessary; and the proper officer of excise shall, upon such subsequent 
voyage, and upon due notice, give to the master the certificate by this 
act required. 

8. The master shall testify, upon oath, the truth of his entries. • 

9. It shall be lawful for an officer of excise, at all times, to go and 
remain on-board, and to inspect, examine, and take account of, all 
salt and salted fish, &c. 

10. !f the quantity of salted fish, actually delivered from on-board 
any vessel, in the presence of the officer of excise, shall fall short of 
the quantity specified in the entry, in the proportion of one part in 
five of the whole quantity specified, such entry shall be deemed to be 
a false entry, and the master making the same shall forfeit 100/. 

11. 12. No credit or allowance tor salt used in the curing or pre- 
serving fish, under this act, shall be given bevond the quantity of salt 
actually and bona fide employed and spent in the curing and preserving 
the fish for which such credit or allowance shall be claimed ; nor shall 
any such" credit or allowance exceed the following proportions; viz. 
lor every cran, consisting df thirty-four gallons, English wine-measure, 
of herrings, actually cured and produced in a good, wholesome, and 
merchantable, state, sixty-five pounds weight of salt; for every barrel 
of fifty gallons, of the like measure, of pilchards or mackarel, ninety- 
five pounds of salt; for every one hundred weight of all other fish, 
twenty-two pounds weight df salt. And no farther allowance shall be 
given or granted. 

13. No bounty si,all be paid for any fish whatever, cured under the 

provisions of this act, except such herrings as shail befoured and legally 
packed as red herrings. - • 

14. Tim master of every vessel on-board of which' any salted fish’/ 
taken and cured under the authority of this act, shall be imported into 
the port of London, shall make the cm try and oath before-directed, 
before the proper officer of excise at Gravesend, and shall then and 
there take out and unlade, into proper boats or lighters, all his cargo 
of salted fish, in presence of the officer, according to the directions, 
and subject to the penalty in ease of neglect, refusal, or false entry, 
which is herein-before directed, .in respect of vessels arriving with and 
unlading salted fish at any lawful key in- Great Britain. 

15. Every person who shall clandestinely or 1 fraudulently conceal, 
embezzle, dispose of, or convey away, any salt that shall be shipped, 
for the curing of fish, under the authorities by this act given, shall, for 
every, offence, forfeit the sum of 50/. and all salt sd concealed, em¬ 
bezzled, sold, or conveyed .away, together with the package con¬ 
taining the same, shall be forfeited, 

1q. Any person may take, purchase, and salt, and preserve, her- 
■ rings in bulk, either for curing the same as red herrings, or for imme¬ 
diate exportation io irefand; and such person shall be allowed the like 
quantity of salt for every cran, (consisting of thirty-four gallons of such 
herrings,) as is allowed for curing and preserving herrings in bulk for 
home-consumption; provided the master shall comply with the several 

regulations 


ACTS FOR THE BRITISH FISHERIES. 


399 

regulations and restrictions by tins act directed; and provided, 
that the master of every vessel, intending to export herrings in bulk to 
Ireland, shall make alike entry and oath, with the officer ot excise, at 
the port nearest to which the herrings on-board his vessel shall have 
been taken, as is required by this act to be made for or in Respect of 
vessels arriving with salted fish to be landed at any port in Qreat 
Britain/ and shall permit and allow (he proper officer of excise to 
inspect, examine, and take account of, all such herrings accordingly. 

Sections 17 to 21 relate to a temporary bounty on pilchards, which 
lias since ceased, 

24. No bond or security given or taken for salt to be used or em¬ 
ployed in curing or preserving fish, nor any certificate made out in 
relation to any such salt, shall be subject to any stamp-duties. 

25. No fee, gratuity, or reward, shall be taken by any officer of the 
revenue for preparing or making out any bond, certificate, or per¬ 
mission, required by this act, or under any other pretence, under the 
penalty of 51. 

'26, 27. Any person who shall forge or alter, or cause to be coun¬ 
terfeited, forged, or altered, any certificate by this act required, or 
any- indorsement thereon, shall forfeit 500 1. And any person who 
shall be convicted of wilfully taking a false oath, shall be liable to the 
pains and penalties to which persons are liable for wilful and corrupt 
perjury. 

28.. If any person shall obstruct any officer of the customs or excise 
in the due execution of this act, every person., so offending, shall, for 
every such offence, forfeit the sum of 200h 

2P-. The owners or consignees of fish cured; under the provisions of 
this act, or the master., may discharge and unlade all such fish, and in 
sueh manner, and at such times and places, (except as is provided by 
this act with respect to the officers of excise,) as the owners, con¬ 
signees, or master, respectively, shall judge proper; and no persons, 
employed by the. owner, &c. in unloading or discharging, shall be 
liable, to any forfeiture, or subject to any restriction, in respect thereof ; 
and no port or other fees or dues shall be payable or paid in respect of 
the unloading of any such fish, or discharging of any such vessel. 


CHAP. XXV, 

Abstract of an Act to-amend and render more effectual 

TH'K SEVERAL. La.WS NOW' IN FORGE FOR ENCOURAGING THE 
Bis HER TBS. CARRIED ON AT NEWFOUNDLAND AND PARTS A 
J AC ENT,, FROM GREAT BRITAIN, IRELAND, AND THE BRITISH 

Dominions tn E.&jeuqtk; and for granting Bounties, for 
a* iiZwarESD Tims, on certain 1 Terms and Conditions. 2§ 
Geo. III. c. 26. 

, I. Bmnties ambthdr coniimicmce. 

F ROM" the first off January, 1-787, the bounties after mentioned 
shah be paid annually, for ten years, (continued, by subsequent 
avtff; till January-1, ISOfv,) to a certain number of ships, employed in 
the British fishery on the Btinkr cf Newfoundland, under die limita¬ 
tions 






39* 


ACTS FOR THE BRITISH FISHERIES. 

turns and restrictions after expressed; that is to say, that such vessels 
shall be British-built, and wholly owned by his Majesty's subjects; and 
shall be navigated with a master and at least three-fourths of the mari¬ 
ners being British subjects: and shall be in other respects* qualified, 
and subject to the same rules and restrictions as are prescribed by the' 
act of the 10 and 11 of William III. c. 25, and shall be cleared out 
from Great Britain, or the Islands of Guernsey, Jersey, or Alderney, 
after the said first of January in each year, and shall proceed to the' 
Banks of Newfoundland; and, having caught a cargo of fish, consist¬ 
ing of not less than ten thousand fish by tale, shall mndf the same at 
Oyiiy port on the north, east, or south, side of Newfoundland, between. 
Cape St John and Cape Ray, on or before the fifteenth of July in each, 
year, and shall make one more trip to the said Banks, and return with 
another cargo of fish caught there to the same port. In which case, 
each of the one hundred vessels, which shall first arrive, shall, if 
navigated with not less than twelve men, be entitled to 40/. but, if 
any of them, so first arriving, shall be navigated with less than twelve 
men, and not less than seven, they shall be entitled to 251. Provided 
always, that if, in either of the cases before-mentioned, any of the one 
hundred vessels, so first arriving, shall be wholly navigated by men 
going out upon shares in lieu of wages, such of the said vessels, so 
navigated by not less than twelve men, shall be entitled to 50/. each; 
and, if so navigated with a less number than twelve men, and not less 
than seven, shall be entitled to 35/. each. And, farther, that each of 
the one hundred vessels, which shall next so arrive in order of time, on 
or before the fifteenth of July, shall, if navigated with not less than 
twelve men, be entitled to 25/. but, if navigated with less than twelve, 
and not less than seven, men, they shall be entitled to 187. Provided, 
also, that if, in either of the cases last mentioned, any of the vessels 
shall be so navigated wholly by men going out upon shares, such of the 
said vessels, so navigated by not less than twelve men, shall be entitled 
to 351. each; and, if navigated with a less number than twelve, and 
not less than seven, shall be entitled to 21/. each. The master and 
owner of every such vessel shall produce, to the- collector or other 
principal officer of his Majesty’s customs at the clearing-port, or, if 
cleared out from Guernsey, Jersey, or Alderney, to the collector or 
other principal officer of the customs in some port of Great Britain, a 
certificate, from the governor of Newfoundland, that the master of 
such vessel lias produced to him a certificate, from the collector and 
comptroller of the customs at the clcaring-port, or, if cleared out from 
Guernsey, Jersey, or Alderney, from the governor or deputy-governor, 
and principal officer of the customs there, testifying that such vessel 
was duly qualified to proceed on such fishery; and that it has been 
made to appear to his satisfaction, by a certificate under the hand-and 
seal of the-naval officer of the district- in Newfoundland where, such 
fish was landed, or, where there is no naval officer, under the hand 
and seal of the commander of any of his Majesty's ships stationed 
there, or of such- officer as the governor shall approve, specifying the 
time of such vessel’s arriving in manner before directed, that such 

vessel 

4 The 9 th section of the act of the ro and 11 Will. III. requires, thgt “ail masters 
of fishing-ships shall carry, in their company, at least ono fxcs/t,man, that never was 
at sea. before, in ey,cry, five.” 

f By 20 Geo. III. c. 53, it is enacted, that no- fish, unless caught by. British sub¬ 
jects arriving at Newfoundland from Great Britain or the British dominions in Europe 
shall be landed or dried at Newfoundland, within the district here mcmiorrecfc. 


4C0 


ACTS FOR THE BRITISH FISHERIES. 

vessel was entitled -to one or other of the bounties herein-before men- 
ticked, as the fact may be; and that the master and mate of such 
Vessel had made oath that the; number of fish taken, on the first trip, 
amounted to ten thousand at least; that he had made two trips at least; 
and that all the fish, on both trips, were caught on the Banks of New¬ 
foundland by the crew of such vessel only ; and, upon delivering up - 
the said certificate to the collector, the respective bounties therein- 
mentioned shall be paid by him. 

2 . Certificates . — In every certificate of a-ship being duly qualified* 
to proceed, there shall be inserted the real number of the mariners 
belonging to such vessel, and . intended to be employed in the fishery., 
distinguishing how many are new or green men, and whether .they are> 
hired upon shares or.are to receive wages. This is to be verified - upon' 
the eath of the master, made before the person who shall grant the cer¬ 
tificate: and, if such vessel shall be cleared out from Guernsey, Jersey,.* 
or Alderhey, then such oath shall be taken .before, a magistrate of.the. 
royal court; on failure whereof such vessel -snail .not be. entitled <to 
receive any of the bounties, 

*3. Certificates, in Neufonndlai'd, to be transmitted to the got tenor of 
Sit John’s. ■— The several, certificates and affidavits taken in Newfound-< 
land, in order to satisfy the governor thereof as to the facts to ground 
his certificate upon the payment .of die bounties*. shall within the district 
of St John’s, be transmitted to the governor of St JohnV before the 
fifteenth of September in every year, and, within*any other districtin' 
tjie said island, before the;thirtieth of September iin each year; .. ui* 

4. Masters to. take certain oaths. — Every, master of a ve se] shall, * 
before he shall receive any of the bounties, - make oath,, before - itim - 
collector and comptroller, or other chief officer, of the port in Grfcat. 
Britain where he shall arrive on his return from Newfoundland, that 
all the men belonging to his ship, who sailed, out with him, or a number 
of men equal thereto, are returned to Great Britain, unless any of his 
crew have died in Newfoundland, or in the said voyage, either on the 
passage out or return home, or have deserted without his consent, or 
have been shipped on-board British vessels bound for foreign markets. 

5. Hirers oj green men may advance money. — The hirer or employer 
of any green men may advance to any such green man, during the. 
time he shall be in his service, a sum not exceeding 5/. 10$. although 

v the same shall amount to more than one-half the wages which shall be 
due to him, provided a sum equal to the then current price of a man’s 
passage home, not. exceeding 40$. for each man, be reserved to bear 
the charge of his return home. 

6. Seamen absenting themselves. — Where any seaman or fisherman 
shall wilfully absent himself from his duty or employ, without the 
leave or consent of his hirer or employer, or snail wilfully neglect to 
work, for the space of one day, he shall, for every day he shall so 
absent himself, or wilfully neglect to work, forfeit any number of days 
pay, not exceeding five, as the governor of Newfoundland, or his 
surrogate, may think just and reasonable; and such forfeiture shall be 
paid to the hirer or employer of such seamen or fishermen, in recom¬ 
pense for the loss or damage which he may have sustained thereby 

7. Oaths of masters before admission to entry. — Before any oil or 
blubber, imported from Newfoundland into Great Britain,- shall be 
admitted to entry, duty free, the master or commander of the ship, 
importing the same, -shall make oath, before the collectoror other chief 
officer of the customs, at the port in Great Britain into which such oil 

or 


ACT FOR THE NEWFOUNDLAND FISHERIES. 401 


or blubber is imported, that the same is really and bond fide the oil or 
. blubber of fish or creatures living in the sea, actually caught and taken 
on the banks and shores of Newfoundland, and parts adjacent, wholly 
bv his Majesty’s subjects carrying on the said fishery from his Majesty’s 
European dominions. 

8. Similar oaths to be-taken respecting seal-skins. — A similar oath is 
to be taken upon th importation of seal-skins, before they can be ad¬ 
mitted to entry, duty free. 

9. Certificates from naval officers in Ncivfoundhnd. — In case any oil, 
blubber, or seal-skins, shall be purchased in Newfoundland, or the 
parts adjacent, and imported into Great Britain, the same shall be 
admitted to entry duty tree, provided the master or commander of 
the ship, importing the same, shall make oath of all the particulars, 
respecting the purchase thereof, before the collector or other chief 
officer of the customs at the port in Great Britain into which such 
oil, blubber, or seal-skins, are imported ; and shall deliver to such 
collector, &c. a certificate, from the naval officer of the district in 
Newfoundland where such oil, blubber, or seal-skins, were purchased; 
or, if there be not any naval-officer at such place, then from the 
commander of any of his Majesty’s ships stationed there, testifying, 
that oath had been made, before him, by r the persons who actually 
caught the fish from which the oil, blubber, or the seals from which 
the skins, mentioned in such certificate, were produced, or came, that 
such oil, or blubber, was really the produce of fish or creatures living* 
in the sea, or that such skins were really the skins of seals, actually 
caught on the banks and shores of Newfoundland, and parts adjacent, 
wholly by his Majesty’s subjects carrying on the said fishery from his 
Majesty’s European dominions ; such master and commander shall also 
make oath, that the oil, blubber, or seal-skins, so imported, are the 
same oil, blubber, or seal-skins, referred to in the said certificate. 

10. Bond to be siren on importing foreign salt. —Upon the importation 
of any foreign salt into this kingdom from any place whence it may be 
legally imported, the importer thereof shall be at liberty to give bond 
for the payment of the duty, called The Old Subsidy, and all farther 
subsidies, &c. payable for such salt, within the space of twelve ca¬ 
lendar months from the date of such bond ; and, if such salt shall be 
exported again within twelve calendar months, the bonds given for 
the duties thereon shall be cancelled ; and, in case the full duties pa** 
able for such salt shall have been paid within the said twelve calendar 
months, and such salt shall afterwards be exported into foreign parts 
within the time allowed by law, a drawback of all the duties which 
were so paid shall be allowed. 

11. Size of netting. — It shall not be lawful for any persons, con¬ 
cerned in the said fishery, to use, on the shores of Newfoundland, any 
scan or net, for the purpose of catching cod-fish, the mesh of which 
shall be less in dimension than four inches, under the penalty of for¬ 
feiting one hundred pounds for every such offence: provided that 
such offence be complained of within the space of three calendar 
months after the -commission of the same. 

12. ' Seamen deserting. — If any seaman or fisherman, employed in 
carry ing on the said fishery, shall desert from Newfoundland, or from 
the said fishery, with intent to enter into the service of any foreign 
state, or shall have in any wise agreed so to absent himself or desert, 
it shall be lawful for the governor of Newfoundland, or his surrogates, 
or for the judge of the vice-admiralty court, or for any justice of the. 

D d peacQ 


*02 ACT FOR THE NEWFOUNDLAND FISHERIES. 

peace in Newfoundland, to issue his warrant to apprehend such 
person, and, on the oath of one or more credible witness or wit¬ 
nesses, to commit lhm to prison, there to remain until the next court 
of session; and, if found guilty thereof, it shall be lawful for the said 
court of session to order such deserter to be detained in prison, with¬ 
out bail or mainprize, for any time not exceeding three months, in 
case he shall have come from his Majesty’s European dominions for the 
plumose of carrying on the fisheries aforesaid. 

13. Such seamen to be sent back . — Provided, that it shall be lawful 
for such governor, within the space oi three months, or as soon after 
as may conveniently be, to cause every such person to be put on-board 
a passage-ship, in order to his being conveyed back to the country to 
which he belonged, and for which the. master or commander of such 
ship shall be paid in manner hereinafter mentioned ; and every master 
or commander of such passage-ship shall take on-board such persons 
as the said governor shall direct, not exceeding four for each 100 tons 
of such ship, and so in proportion for every such ship under 100 tons. 
Provided nevertheless, that no person shall be so put on-board of any 
ship which shall not be of the burthen of 40 tons. But, if any per¬ 
son, convicted as above, shall not have Come from his Majesty’s Eu¬ 
ropean dominions, for the purpose of carrying on the fisheries afore¬ 
said, then it shall be lawful for the said court of session to commit such 
person to prison, there to remain without bail or mainprize for any 
time not exceeding twelve calendar months. 

14. Residents in Newfoundland not to sell their boats, fyc. to foreigners. 
— It shall not be lawful for any person residing in Newfoundland, 
or carrying on fishery on the banks thereof, there to sell, barter, or 
exchange, any ship, vessel, or boat, of what kind or description so¬ 
ever, or any tackle, apparel, or furniture, used, or which may be 
Qsed, by any ship, vessel, or boat; or any seans, nets, or other im¬ 
plements or utensils, used, or which may be used, in catching or curing 
fish; or any kind of bait whatsoever, used or which may be used iit 
the catching of fish ; or any kind of fish, oil, blubber, seal-skins, pel¬ 
try, fuel, wood, or timber ; to or with any person whatsoever, other 
than the subjects of his Majesty. 

15. Penalty for so doing. — If any person offend against the prece¬ 
ding section, it shall be lawful for the governor of Newfoundland, or 
Iris surrogates, or any justice of the peace of Newfoundland, to 
issue hi.> warrant to apprehend every such offender,, and, on the 
oath of one or more credible witness or witnesses, to commit him to 
prison, there to remain until the next court of session: and every 
such person, if found guilty, shall forfeit treble the value of the articles 
so sold, &c. and, in case of non-payment of the penalty, the court 
may order such person to be punished and dealt with 'in the same 
manner as deserters are. 

16. ' No purchases to- be made of foreigners. — No person, residing or 
carrying on fishery in Newfoundland, or parts adjacent, or on the 
banks, shall there purchase, or take in exchange, or by way of bar¬ 
ter, any goods or commodities whatsoever, from any person being a 
subject of any foreign state; and every such person, offending herein, 
shall be apprehended and committed'to prison, and, on conviction 
before the court of session, shall forfeit treble the value of such goods, 
or commodities so purchased, &c. and, in case of non-payment of 
tbe penalty, it shall be lawful for the court to order such ^person to 

h* 


ACT FOR THE NEWFOUNDLAND FISHERIES. 403 

be dealt with in the same manner as is directed with respect to de¬ 
serters. 

i 7. Exceptions to the preceding section. — Provided, that nothing 
herein contained, shall extend to prevent bread,.flour, Indian corn, and 
live stock, from being imported into Newfoundland in certain British 
vessels, according to act of parliament. 

] 3. Sum for passage of men sent back , and by whom to be paid. — The 
sum, for which the governor shall agree with the master or com¬ 
mander of any ship for the passage of any person from the said island 
to the place to which he belonged, shall in no case exceed 40^. 
each person, and shall be paid to the master of such ship, upon his 
producing, to the court of session, a certificate, from the governor, 
of the numbers and names of the persons taken- on-board by his 
direction, and . of the times they were taken on-board, and the se¬ 
veral sums agreed to be paid; which sums the court of session is to 
pay to such master, if sufficient funds for that purpose shall remain 
in their hands. 

19. If no funds in court of session, to be paid by commissioners of the 
navy. — But, if no sufficient fund for the payment thereof shall remain 
in the hands of the said court of session, then every such master or 
commander of such ship, upon producing a certificate, from the said 
governor, and making an affidavit at his return, setting forth the time 
during which he subsisted such person, and that he did not, during 
that time, want any of his own complement of men, or how many 
he did want of such complement, and for what time, shall receive 
from the commissioners of the navy six-pence per diem, for the pas¬ 
sage and provisions of such person, from the day of embarkation 
homewards to the day of arrival in Great Britain, the sum of six-pence 
per diem only being deducted for such time and so many persons as 
he wanted of his complement during his voyage. 

20. Commanders in the navy may stop and examine vessels. — It shall be 
lawful lor every officer, commanding any of his Majesty’s ships at 
Newfoundland, to stop and detain all and every ship, vessel, or ccxit, 
of what nature or description soever, coming to or going from the 
'said island, and belonging to, or in the service or occupation of, any 
of his Majesty’s subjects residing in, trafficking with, or carrying on 
fishery in, the Island of Newfoundland, parts adjacent, or on the 
banks, in any place within ‘the limits of his, station, and to detain, 
search, and examine, such ship, &c. and if, upon search or exami¬ 
nation, it shall appear that there is reasonable ground to believe that 
such ship, &c. or any tackle, apparel, or furniture, used, or which 
may be used, by any ship, &c. or any implements or utensils, used, 
or which may be used, in the catching or curing of fish; or any fish, 
oil, blubber, seal-skins, fuel, wood, or timber, then on-board of such 
ship, &c. were intended to be sold, bartered for, or exchanged, to 
the subjects of any foreign state, or shall be discovered to have been 
sold, bartered for, or exchanged; or if any goods whatsoever shall 
be found on-board such ship, &C. or shall be discovered to have 
been on-board, having been purchased or taken in barter or exchange, 
from the subjects of any foreign state; in every such case, he shall 
seize and send back such ship, vessel, or boat, to Newfoundland; 
and such ship, &c. shall, upon due condemnation, be forfeited and 
lost; and may be proseeuted, for that purpose, by the officer so seizing 
the same, in the vice-admiralty court of Newfoundland ; one moiety 
•f which forfeiture to be given to the said officer, and the other moiety 

D d 2 to 


404 ACT FOR THE NEWFOUNDLAND FISHERIES. 

to the governor of Newfoundland, to be applied in defraying the 
passages home of such persons as are directed to be sent back to 
the country to which they belong. 

21, 22. Conducting suits at lazv. — These two sections relate to the 
conducting of any suits at law in consequence of this act, and are 
therefore not of service for the guidance of a ^merchant or ship¬ 
master. 

23. Commencement of actions. — Every action or prosecution in conse¬ 
quence of this act shall be commenced within three months after the 
offence shall have been committed ; but if the parties have quitted 
Newfoundland, such action or prosecution shall be commenced within 
three months after return to Great Britain. 

24. Disposal of penalties. One moiety of the fines or penalties 
inflicted by this act, or by the acts herein recited, and to be levied 
upon the seamen or fishermen, (except those for neglect of duty , and 
one moiety of such ships, vessels, or goods, as shall be seised, con¬ 
demned, and forfeited, as before-mentioned, (except where the dis¬ 
tribution is otherwise directed by this act,) shall be given to the in¬ 
former, and the other moiety to the governor of Newfoundland, to 
be applied in defraying the passages home of such persons as are 
directed to be sent back to the country to which they belong. 


Abstract of so much of the Act 43 Geo. III. c. 1.54, as relates to 
a Honing a Bounty on the Importation of Pickled Salmon, and Dry 
Cod, from Newfoundland. 

UPON the importation of salted and pickled salmon, and salted dry 
cod-fish, from the Island of Newfoundland, into the United Kingdom, 
there shall be allowed, to the importer or proprietor thereof, a bounty 
of three shillings for every quintal or hundred weight of such fish, 
and so in proportion for any greater or less quantity ; which bounty 
shall be paid, upon the master and mate ofevery ship or vessel in which 
such fish shall be imported making oath, at the port of importation, 
before the collector or other principal officer of the customs in Great 
Britain, or of the revenue in Ireland, that all the said fish imported 
were taken and cured by his Majesty’s subjects carrying on the fishery 
at the Island of Newfoundland, and on the coast of Labrador, as the 
case may be, and upon its being duly entered and regularly landed iq 
the presence of the proper officer or officers. 

Salted cod-fish and salmon, on which the bounty above-mentioned 
shall have been paid, may be expcrled without being subject to the 
re-payment of the bounty. 

The bounty shall be under the management of the respective com- 
' missioners of the customs in England and Scotland, and the commis¬ 
sioners of the revenue in Ireland respectively, and shall be paid by 
the collector or other principal officer before whom the oath is directed 
to be taken. Provided, that before any bounty shall be paid, the fish 
shall be examined by two indifferent and disinterested persons, ex¬ 
perienced in the nature of such fish, appointed for that purpose at the 
port of importation, with the approbation of the commissioners, 
which persons so appointed, together with the officers who shall 
attend the examination of the fish, shall declare upon their oaths 

whether 


ACTS FOR THE GREENLAND FISHERIES. 


405 


Whether 1 the said fish, or apy part thereof, is or is not merchantable ; 
and in case such fish or any part thereof shall not be merchantable 
no bounty shall be allowed or paid. 

No bounty shall be paid or allowed on the importation of fish, for 
any greater quantity or weight thereof than shall be expressed in the 
manifest required by law upon its importation. 

In case any person shall fraudulently obtain any bounty upon the 
importation of fish, or shall enter any fish for the purpose of obtain¬ 
ing a bounty thereon, contrary to the meaning of this act, the person 
or persons so offending shall, for every such offence, forfeit the sum 
of one hundred pounds. 

The bounty upon the importation shall be paid and allowed in 
the like manner, and under the conditions and restrictions of boun¬ 
ties payable on the importation of the produce of the British 
•fisheries. 

The several provisions in this act, relating to bounties on the im¬ 
portation of fish, shall continue in force until the first day of May, 
one thousand eight hundred and four. 



CHAP. XXVI. 


Abstract of the Acts for the Support and Encourage¬ 
ment of the Fisheries carried on in the Greenland 
Sf,\s and Davis’s Straits.— 26 Geo. III. c. 41. — 29 
Geo. HI. c. 53. — 32 Geo. III. c. 22.— 34 Geo. III. c. 22. — 
39 and 40 Geo, III. c. 45, § 9. — 42 Geo. III. c. 22. 

Previous Survey. — Duration of the Bounties. 

U NTIL December 25, 1804, the bounties herein-after mentioned 
shall be paid and allowed, (that is to say,) every British-built 
ship, owned by British subjects residing in Great Britain, or in 
Guernsey, or Man, which shall, within the time herein-limited, pro¬ 
ceed from any port of Great Britain, or the islands aforesaid on the 
whale-fishery, to the Greenland Seas, or Davis’s Straits, or to the 
seas adjacent, and manned and navigated with a master, and three- 
fourths of the mariners at least being British subjects, shall, before 
she proceeds on such voyage, or be entitled to the benefits of this 
act, be visited by the proper officer of the customs belonging to such 
port, who shall examine such ship or vessel, and take an account of 
the admeasured tonnage, and certify his visitation, examination, and 
admeasqrement, to the commissioners of customs; and, if it appears, 
by the certificate, that she hath on-board such a number of men, 
provision, boats, fishing-lines; and instruments to be used in such 
fishery, as hereinafter-mentioned ; that she is strongly built, and a 
proper ship for such voyage and fishery; and hath on-board among 
her crew a sufficient number of harpooners, steersmen* and line-ma- 
pagers, who h^ve before been employed in such voyages, (the names 

V D d 3 of 





.406 


ACTS FOR THE GREENLAND FISHERIES. 


of such persons to be contained in such certificate,) and if, by the 
oath of one or more owner or owners, and of the master or chief 
officer of such ship or vessel, and made before any two of the prin¬ 
cipal officers of the customs of such port, whereof the collector shall 
be one, that it is their firm purpose and determined resolution that 
such ship shall, as soon as license shall be granted, proceed on a voy¬ 
age to the Greenland Seas, or Davis’s Straits, or the seas adjacent, 
and there, in the then-approaching, season, endeavour to take whales, 
or other creatures living in the sea, and on no other design or view ot 
profit in such voyage, and to import the whale-fins, oil, and blub¬ 
ber, into this kingdom, (naming the port;) and, if the master, after 
such certificate had and oath made, do also become bound, with two 
securities, in the penalty of treble the bounty granted by this act, then 
three or more of the commissioners of the customs in England and 
Scotland respectively, on receiving such certificates and oaths made, 
and it being certified that security hath been given, shall grant to -the 
master and owners of such ship license and authority to proceed 
on such voyage. 26 Geo. III. c. 41. §. 1.— 32 Geo. HI. c. 22, 
§. 1.— 38 Geo. III. c. 35. §. 4. 

Number of the crezo. — Boats. — Stores. — Every ship of 200 tons 
shall have on-board 40 fishing-lines of 120 fathoms each, 40 harpoon- 
irons, 4 boats, with 7 men at the least (including a harpooner, a 
steersman, and a line-manager) to each boat, making in the whole 
28 men, besides the master and surgeon, with six months provisions 
at least for such number of men: and every ship of larger burden, 
an increase of six men,* 1 boat, 10 such lines, and 10 harpoon- 
irons, more, for every fifty tons above the said 200 tons, together 
with provisions in proportion. 

Apprentices and fresh men. — Every ship shall have on-board ap¬ 
prentices, indentured for three years at least, who shall not exceed 
the age of twenty years, nor be under twelve years, of age, at the 
time they shall be so indentured, in the proportion of one apprentice 
for every fifty tons burden ; and one fresh or green man lor every 
fifty tons burden; which apprentices and fresh or green men shall 
be accounted in the number of men required to be on-board. 26 
Geo. III. c. 41, §. 2. — 32 Geo. III. c. 22. §. 3. 

Any master, permitting any such apprentice to quit his service be¬ 
fore the expiration of his term, shall forfeit <£50, unless such ap¬ 
prentice be legally discharged before a magistrate, or be turned over 
to another master in the said fishery. — And no premium shall be al¬ 
lowed, unless the names of the ships, on-board which such apprentices 
are bound to serve, or to which they are to be turned over, be 
inserted in the indentures. 29 Geo. III. c.53. 

In case the time for which any apprentice shall have been in¬ 
dentured to serve on-board any ship or vessel, employed in the said 
fisheries, shall expire during the voyage of such ship or vessel, such 

* From the 7th April, rSo^, in consequence of hostilities with France, vessels, that 
arc not provided with their complement of men at the port from whence they clear out, 
may proceed, for the season, to any of the ports in the Forth of Clyde, or in Lough Ryan, 
or to Lerwick in the Isle of Shetland, or to Kirkwall in the Orkneys, and complete 
their number there, provided the number wanted do not exceed three common men 
for every 50 tons burthen. Upon the return, thpse men may be set on-shore where 
they were taken on-board ; and, upon producing a certificate thereof from the collector 
and comptroller of the customs, and the master or mate making oath thereof, such 
ships will be deemed to have had their full complements from their clearing-port. 
43 Geo. III. c. 34. 

apprentice 


•407 


ACTS FOR THE GREENLAND FISHERIES, 

apprentice shall be accounted and considered, to all intents and pur¬ 
poses, as an apprentice for the whole voyage; and shall, on the 
ships or vessel>r return from the said fisheries, or either of them, he 
mustered accordingly. But no person shall be deemed a legal ap* 
prentice, except apprentices who have become such previous to the 
passing of this act, unless he shall be a subject of his Majesty. 32 
Geo. III. c. 22, §. 7, 8. 

S:mey upon tine return. — Bounties payable. — On the return of such 
ship to the port of Great Britain, the proper officers of the customs 
at such port shall immediately repair on-board and view the condition 
of such ship and her lading, and certify the same, as also the real 
tonnage of the said ship; arid also to take an account of the names 
of the master, mate, and other persons on-board, distinguishing therein 
the harpooners, fkc.. and certify the same; and the master and mate 
shall make oath, before any two of the principal officers of the cus¬ 
toms, whereof the collector shall be one, that they did, in pursuance 
of the license, (mentioning the day of the month of their departure^) 
proceed on a voyage directly to the places aforesaid, and have not 
since been on any voyage, or pursued any other design or view, of 
profit; and that they did there (mentioning the time of their stay in those 
seas) use the utmost endeavours of themselves and their ship’s com¬ 
pany to take whales and other creatures living in those seas; and 
that all the whale-fins, oil and blubber, imported (if any) in such 
ship, were really and bona fide caught and taken in the said seas, bv 
the crew of such ship or vessel only, or with the assistance of the 
crew of some other British-built ship or vessel, licensed for that voy¬ 
age, pursuant to the directions of this act; which oath shall be in¬ 
dorsed on, or annexed to, the license aforesaid ; and the said schedule, 
certificate, license, and oath, shall be transmitted by the collector and 
comptroller of such port to the respective commissioners for that part 
of Great Britain where such ships or vessels shall arrive; and such 
commissioners, being satisfied of the master and other persons em¬ 
ployed in such ships or vessels, with respect to such voyage and 
fishery, shall, on demand, cause payment to be made to the master 
or owners, of a bounty or premium of twenty-five shillings per ton 
for every ship that shall have proceeded upon the said fishery between 
the 2.5th December, 1792, and the 25th December, 1795 ; and a 
bounty of twenty shillings per ton for every ship that shall have 
proceeded upon ihe said fishery between the 25th December, 1795, 
and the 25th December, 1798.—26 Geo. III. c. 41, §-.3. — 32 
Geo. III. c. 22, §. 2. 

JIovj long s/ups are to remain in the fishing latitudes. — No person 
shall be entitled to receive the bounty for any ship which shall proceed 
upon the said fishery, from any port of Great Britain, or Guernsey, 
Jersey, Or Man, unless such ship shall sail, from the port where she. 
shall be surveyed and cleared, on or before the 10th day of April, in 
each year, and continue, with her crew, in the Greenland Seas, or 
Davis’s Straits, or the adjacent seas, endeavouring to catch whales, 
and not depart thence before the 10th of August next following, un¬ 
less it appears, by the log-book, that she had continued with her 
crew in the said seas diligently endeavouring to catch whales and 
other creatures, living in those seas, and did not depart thence till th& 
expiration of sixteen weeks from the time of sailing from the clear- 
ing-port; or unless such ship, if she be of the burden of 300 tons, 
shall be laden with 30- tons of oil, or blubber in proportion thereto, 

D d 4 the 


40$ 


ACTS FOR THE GREENLAND FISHERIES. 

the blubber to be rated with respect to the oil as 3 to 2, and one ton 
and'a half of whale-fins; or, if she be of greater or less burden, 
with a quantity of oil or blubber, and whale-fins, in like proportion 
to the tonnage for which every such ship shaty be entitled to the 
bounty, being the produce of one or more whale or whales caught by the 
crew thereof, or with the assistance of the crew of some other licensed 
ship, before that time, or shall be forced by unavoidable accident to 
depart sooner from those seas; which accident shall be verified, on 
the oaths of the master and mate, on her return from the said fishery, 
before two of the principal officers of the customs, (whereof the col¬ 
lector shall be one,) at the port where she shall arrive, who shall 
transmit the same, together with the schedule, license, and other do¬ 
cuments, to the commissioners of the customs for that part of Great 
Britain where such ship shall arrive. 26 Geo. III. c. 41. § 4. — 
29 Geo. III. c. 53. 

Ships detained after 10 th of April. — In case it shall happen, that 
any ship or vessel shall not sail, from the port where she shall be 
surveyed and cleared, directly on her intended fishery, on or before 
the said 10th of April in any year, provided it shall be made appear, 
to the satisfaction of- the commissioners of the customs in England 
and Scotland respectively, that such ship or vessel was properly quali¬ 
fied -and fitted out, and surveyed, cleared, and ready for sailing, be¬ 
fore the said 10th of April, but was prevented by unavoidable im¬ 
pediment, but shall actually have sailed on or before the 25th of April; 
it shall and may be lawful for the said commissioners, or any four 
or more of them in England, or any three or more of them in Scot¬ 
land, to- pay the bounty for such ship or vessel, in like manner as if 
such ship or vessel had actually sailed on or before the said 10th 
of April. — 26 Geo. III. c. 41, §. 5. 

Commissioners to pap bounties. —The commissioners of the customs 
in England and Scotland, respectively, shall order the said bounties 
to be paid out of any moneys that shall be in their hands, arising from 
any of the duties and revenues under their management. — 26 
Geo. III. c. 41, §. 6. 

Ships of \ 50 tons . — Every owner or owners of any ship of 150 
tons, employed in the said fishery, who have conformed themselves, 
in proportion to their tonnage, to the rules and directions herein-be- 
fore prescribed to the ownets of ships of greater burden, shall be en¬ 
titled to the said bounty, according to the admeasurement of such ship 
or ships, provided such admeasurement be not less than 150 tons.— 
26 Geo. III. c. 41, §.7. 

'Skips'of 400 and 300 tons. — No ship, at this time employed in the 
said fishery, although above the burden of 400 tons, shall be entitled 
to a larger bounty than a ship of 400 tons; and she shall enjoy the same 
until the 25th of December, 1793, in case such ship shall not be 
worn out, or have ceased before that time to carry on the said fishery : 
and no ship which shall not, before the 25th of December, 1786, have 
been employed in the said fishery, although above the burden of 300 
tons, shall be entitled to a larger bounty than a ship of 300 tons. But 
the owner or owners of any ship above the burden of 400 tons or 300,. 
tons respectively, are not obliged to fit out any such ship otherwise, 
than as a ship of 400 tons or 300 tons respectively, in order to entitle, 

him or them to the said bounty. — 26 Geo, 111. c. 41, 8 and 9._ 

32 Geo. HI. c. 22* 

Log? 


ACTS FOR THE GREENLAND FISHERIES. 


409 


* Log-book to be kept. — No bounty shall be paid to any person or per¬ 
sons whatever, on account of any ship employed in the said fishery, 
unless a log-book shall have been kept on-board, in which log-book 
the various situations and occurrences, respecting such ship during the 
course of the voyage, shall be inserted every day, and particularly the 
times when such ship shall have been in sight of land, distinguishing 
what land, and the bearings, supposed distances therefrom, soundings; 
the time when, and the latitude in which, any whale shall have been 
caught by the crew of such ship; which log-book shall be delivered, 
by the master or commander of such ship', at the time of his making a 
report, to the collector of the customs, at the port in Great Britain 
where such ship or vessel shall arrive, tor his inspection ; and the said 
master or commander of such ship or vessel, together with the mate, 
shall verify, on oath, the contents of such log-book before such collec¬ 
tor. 16 Geo. III. c. 41, §. 10. 

Log-book to be produced. — In case any such ship shall fall in with 
any of his Majesty’s ships or vessels of war, the master or commander 
shall produce, to the captain or other officer commanding such vessel 
of war, the said log-book; and such captain or commanding-officer 
shall make a memorandum, in such log-book, of the day in which it 
was produced to him, and shall subscribe his name thereto, and also 
make an entry, in the log-book of the said ship or vessel of war, of 
the name and description of the ship on-board of which the log-book 
of such 'ship, so produced and signed by him, was kept; and, in case 
such ship, on-board of which a log-book is to be kept, shall put into 
a foreign port, where there is a British consul, or other chief British 
officer, the master or commander of such ship shall produce such logr 
book to such British consul, or other chief British* officer, who shall 
make a memorandum therein of the day on which it was produced 
to him, and in like manner subscribe the same. — 26 Geo. III. <?. 41, 
§. 11 . 

Ships fitted out from Ireland. — Every ship owned by subjects resi¬ 
ding in Ireland, and fitted out from any port in that kingdom, which 
shall have complied with the conditions of .this act, to be verified by¬ 
certificate, in such manner, and under the like rules* as are required, 
by any law in force before the passing of this act, to entitle ships fitted 
out from Ireland to the bounties then existing for the encouragement 
of (he Greenland and whale fishery, shall, from and after the 25th of 
December, 1786, be entitled to the same bounties as ships fitted out 
from Great Britain. —26 Geo. III. c. 41, §. 12. 

The bounty may be insured. — It shall be lawful for the owner of any 
ship in the said fishery to insure the bounty which such owner would 
be entitled to upon the return of such ship to the port to which the 
master, and one or more of the owners, of such ship or vessel shall 
have declared, on oath, their intentions to return; and on the perfor¬ 
mance of all other matters directed and appointed, by this present 
act, to be performed, lor obtaining the said bounty. — 26 Geo. 111. 
c. 41, §.13. 

Whale-fins, oil, Sc. imported duty free. —Whale-fins, oil, or blubber 
of whales, seal-oil, or seal-skins, or any other produce of seals, or 
other fish or creatures taken or caught in any part of the ocean by 
British subjects, usually residing in Great Britain or Ireland, or in the 
islands of Guernsey, Jersey, Alderney, Sark, or Man, in ships or 
vessels built in either of the said kingdoms or islands, owned, regis¬ 
tered, and navigated, according to law, shall and may be imported 


4J0 ACTS TOR THE GREENLAND FISHERIES. 

into Great Britain without paying any custom or other duty for the 
same,* provided that proof be made, that the said articles were ac¬ 
tually caught and taken by the crew of the vessel in which they are 
imported, by oath of the master of such vessel, that the same were 
bond fide so caught and taken ; and, provided also, that a log-book be 
constantly kept on-board, as before-mentioned. — 32 Geo. III. c. 22. 
§. 4 . 

False c&'tificates. — If any person or persons shall grant any false cer¬ 
tificate for any of the purposes directed by this act, such person or 
persons shall forfeit the sum of <£500 ; and, if any person or persons 
shall counterfeit, erase, or alter, or falsify, any certificate directed by 
this act, or shall knowingly make use of anv false certificate, or of any 
certificate so counterfeited, &c. such person or persons shall forfeit 
*£500, and every'such certificate shall be or no effect. — 26 Geo. Iff. 
c. 41, §. 16. 

Protections for impressing of harpooners, Spc — No harpooner , line- 
manager, or boat-steerer, belonging to any vessel in the Greenland 
fishery trade, although not fitted out under the regulations of the said 
recited acts, so as to entitle such vessel to the bounty therein given/ 
and whose name, (distinguishing the. capacity in which such person is 
to act,) shall be inserted in a list, delivered on oath by the owner to 
trie collector of the customs at the port from which such vessel is in¬ 
tended to proceed upon the said fishery, (which oath such collector is 
hereby empowered and required to administer,) shall, be impressed 
from the said service; and any such harpooner, line-manager, or boat- 
steerer, may, when not employed in the said fishery, sail in the col¬ 
liery Or coasting trade, upon giving security, to the commissioners of 
Customs, that lie or they will proceed in the said vessel to the Green¬ 
land Seas, or Davis’s Straits, on the whale-fishery, the next season; 
and every seaman or common mariner, who shall be entered on-board any 
vessel which shall be so intended to proceed on the said fishery, whose 
name shall be inserted in a list to be delivered as aforesaid, and who 
shall have given security, to proceed accordingly, shall be exempt 
from being impressed out of the said service from the 1 st of February 
in each year, until the voyage home from thence shall be fully ended: 
provided always, that this act shall not extend to protect any greater 
number of harpooners, line-managers, and boat-steerers, than six har¬ 
pooners, six line-managers, and six boat-steerers, and eighteen seamen 
or commonmariners, belonging to each vessel of the burden of four 
hundred tons, and so in proportion for any less tonnage.—26 Geo. III. 
c. 41, §. 17. — 32 Geo. III. c. 22, §. 5. 

Extent of Greenland Seas .— The Greenland Seas, and Davis’s Straits, 
and seas adjacent, shall be deemed and taken to extend to the lati¬ 
tude of 59 degrees 30 minutes N. and no farther. — 26 Geo. III. c. 
41, §. 16. 

Whale-boats not liable to seizure. — No boat used as a whale-boat, be¬ 
longing to any ship or vessel employed in the said fishery, or in the 
fishery carried on in the seas to the southward of the Greenland Seas 
and Davis’s Straits, shall be liable to seizure for or on account of her 
built, dimensions, or construction; but, on the return of such ship or 
vessel from the fisheries at the end of every season, such boat shall be 
laid up by the owner or owners thereof, in such place or places as shall 

* For the dirties since imposed by 43 Geo. III. c, 68, see the Tables of Custom- 
Duties on Imports hereafter. | 


be 


41 ' 1 - 


ACT FOR THE COASTING-TRADE, &c. 

be approved of by the principal officer ofhis Majesty’s customs of the 
port at which such ship or vessel shall arrive, and shall not be employed 
or made use of in any way whatever but in the said fisheries. — 32 Geo. 
III. c. 22, §. 6. 

Accounts io be laid before parliament. — The commissioners of the cus¬ 
toms for England and Scotland shall, at the beginning of every session 
of parliament, lay before both houses of parliament.an account of what 
number of ships or vessels have been employed in the whale-fishery to 
Davis's Straits and the Greenland Seas, with their respective names 
and burdens, whence they were fitted out, and at what port in Great 
Britain they were discharged, and also what quantity of oil or blubber, 
or whale-fins, each ship or vessel shall have imported. — 26 Geo. III. 
c. 41, § 19. 

Distribution of penalties. — One moiety of the penalties and forfeitures 
shall be to the use of his Majesty, and the other moiety to such officer 
or officers of the customs as shall prosecute for the same. — 26 Geo. III. 
c. 41, §.20. 

Defence to actions. — If any action shall be commenced for any thing 
done in pursuance of this act, the defendant or defendants may plead 
the general issue, and give this act and the special matter in evidence ; 
and, if the plaintiff shall be non-suited, &c. the defendant or defendants 
shali recover treble costs. — 26 Geo. III. c. 41, §.21. 


CHAP XXVII. 

Acts for the Coasting-Trade. 

Abstract of an Act for the better Regulation and Government of 
Seamen employed in the Coasting-Trade of this Kingdom. — 31 Geo. 
III. c. 39." 

j. li/f ASTERS must enter into agreements zvith seamen. — From the 1st 
of July, 1791, Tt shall not be lawful for any master or comman¬ 
der of any ship or vessel, trading from and to any port in Great Britain, 
to carry out to sea any seaman or mariner (except apprentices) without 
having before entered into an agreement in writing with such seaman 
or mariner, to be signed as weil by 'Uch master or commander as by 
-such seaman or mariner, for the wages which such seaman or mariner 
respectively, during the voyage or voyages, or during the time he shall 
have contracted or entered himself for; which contract or agreement 
shall declare what wages each seaman or mariner is to have,* and when 
the same shall be payable, and for what time, or for what voyage or 
voyages such seaman or mariner shall have contracted or entered him¬ 
self) every such agreement or agreements to be in force at the time of 
proceeding to sea on any such voyage; and, in case any such master 
or commander shall carry out to open sea.any seaman or mariner (except 

* Printed agreements for this purpose may be had of P. STEEL, at the Navigation- 
Warehouce, Union-Row, Little Tower-Hill. 

apprentices) 




f 




415 ACT FOR THE COASTING-TRADE, '&c. 


apprentices) upon any such voyage by open sea, without having first 
entered into such agreement, such master cr commander shall forfeit 
the sum of five pounds for every such seaman or mariner, to the use of 
Greenwich-Hospital, to be recovered upon information, on the oath of 
one or more witnesses, before any of iris Majesty's justices of the peace 
of any place in Great Britain where such ship or vessel shall depart 
from or come to in or during such voyage. 

2. Stamen to subscribe agreements. — Every seaman or mariner, enter¬ 
ing himself on-board any such ship cr vessel, shall subscribe his signa¬ 
ture or mark to such agreement at the time of Iris so entering himself; 
which agreement, after the same shall be so subscribed by such seaman 
or mariner, and signed by the master or commander, shall be conclusive 
and binding to ail parties for and during the time or times so agrcea or 
contracted for, to all intents and purposes. 

3. Seamen not proceeding on the voyage. — In case any seaman or ma¬ 
riner, after he shall have entered into such agreement, shall neglect or 
refuse to proceed on the intended voyage or voyages for which he shall 
have entered, upon which such ship or vessel shall be destined to pro¬ 
ceed, every such seaman or mariner shall forfeit, to the owner or own¬ 
ers thereof, ail such wages as shall be due to him at the time of his so 
neglecting or refusing to proceed: and, upon complaint made of the 
same to any of his Majesty’s justices of the peace within their respective 
jurisdictions, by the master or commander, owner or owners, such jus¬ 
tice shall cause such seaman or mariner to be apprehended ; and in case 
such seaman or mariner shall refuse to proceed, and shall not give a 
sufficient reason for such refusal, to the satisfaction of such justice, then 
such seaman or mariner shall be committed to the house of correction, 
there to kept to hard labour for any time not exceeding thirty days, nor 
less than fourteen days. 


4. Seamen absenting themselves. — In case any seaman or mariner, after 
having entered into such agreement, shall wilfully absent himself from 
the siiip or vessel to which he shall belong, before the voyage or voyages 
agreed upon, or upon which such ship or vessel shall have proceeded, 
shall be completed, and the cargo of such ship or vessel delivered, or 
before the time for which he shall have contracted or entered ( shail bo 
expired, every such seaman or mariner shall, for every day he shall be 
so absent from his said ship or vessel, forfeit two days pay to the use of 
Greenwich-Hospital: and incase any seaman or mariner, not entering 
into the service of his Majesty, shall totally leave or quit his said ship 
or vessel before the vovsge or voyages agreed upon, or upon which 
such siiip or vessel shall have proceeded, shall be completed, and the 
cargo of such vessel delivered, or before the expiration of the time for 
which he shall have contracted or entered, or before such seaman or 
mariner shall have a discharge in writing from the master or comman¬ 
der, such seaman or mariner, so leaving or quitting such ship or vessel, 
shall forfeit one month’s pay. 


5. Payment of seamen’s images. — The master or commander of any 
ship or vessel employed in trading coastwise, and contracting with any 
seaman or mariner to perform any such voyage, shall pay to every such 
seaman or mariner belonging to such ship or vessel their wages, if de¬ 
manded, within five da^ s after such ship or vessel shall have entered 
at tire custom-house, or the cargo shall be delivered, or at the time the 
said seamen or mariners shall be discharged, which shall first happen, 
unless an agreement shall have been made or entered into to the con¬ 
trary ; in which case, the wages of such seamen or mariners shall be 

P ai 4 


ACT FOR THE COASTING-TRADE, &c. 


415 


paid in terms of such agreement, after deducting the penalties and for¬ 
feitures by this act imposed, upon pain of forfeiting to each seaman or 
mariner, to whom payment of his wages shall not have been made ac¬ 
cording; to this act, the sum of 20-s. 

6. Wages recoverable in the usual manner. — No seaman or mariner, 
by entering into such agreement shall be deprived of using any means 
or methods tor the recovery of wages against any ship or the master or 
owners thereof, which he may now lawfully make use of,; and in cases 
where it may be necessary that the agreement aforesaid should be pro¬ 
duced in court or elsewhere, no obligation shall lie on any seaman or 
mariner to produce the same, but such obligation shall lie on the mas¬ 
ter or commander, or the owner or owners, of the ship or vessel for 
which the wages shall be demanded. 

7. Penalties incurred to be deducted from the wages. —The masters or 
commanders, or owners, of any such ships or vessels, shall deduct 
out of the wages of any seaman or mariner incurring the penalties and 
forfeitures imposed by this act, whenever the same shall be incurred, 
and enter them into a book to be kept for that purpose, and make oath, 
if required, to the truth thereof: which book shall be signed by the said 
master or commander, setting forth that the penalties and forfeitures . 
contained in such book are tne whole penalties and forfeitures stopt 
from any seaman or mariner by such master or commander: and which 
penalties and forfeitures (except the forfeiture of wages to the owners, 
on any seaman or mariner’s refusing to proceed on their voyage or 
voyages) shall be applied to the use of Green wich-Hospital, and 
shall be paid and accounted for by the masters and commanders to 
the officer of any port or place who shall collect the six-pence 
per month deducted out of seamen’s wages for the use of the said 
hospital. 

8. Penalties payable to Greenwich*-Hospital, — In case any masters or 
commanders, or owners, of any such ships or vessels, shall deduct out 
of the wages of any seamen or mariners any of the said penalties and 
forfeitures-for the use of Greenwich-Hospital, and shall not pay them 
within three months alter such deduction, they shall forfeit treble the 
value thereof to the use of the said hospital. 

i 

9. In agreements for the voyage, how suck penalties tiM proportioned.^ 
In all cases where the said seamen and mariners shall contract for 
wages by the voyage, and not by the month, or other stated period 
of time, the penalties and forfeitures aforesaid shall be ascertained 
in manner following, (that is to say,) if the whole time spent in tha 
voyage shall exceed one lunar month, one month’s pay shall be deemed 
to be a sum of money, bearing the same proportion to the whole 
wages as a lunar month shall bear to the whole time spent in the 
voyage ,* and, in like manner, two days pay shall be deemed to be a 
sum of money bearing the same proportion to the whole wages as two 
days shall bear to the whole time spent in the voyage ; and, if the 
whole time spent in the voyage shall not exceed one lunar month, one 
month’s pay shall be deemed a forfeiture of the whole vvajrcs con¬ 
tracted for ; and, if such time shall not exceed two days, the forfeiture 
of two days pay shall be deemed a forfeiture of the whole wa-ms con¬ 
tracted for. 

10. Agreements not liable to stamp-duties. — Agreements, to be made 
by virtue of this act, shall not be liable to any stamp-duties whatever ; 
and nothing herein contained shall extend to any ship or vessel, unless 
of the burden of one hundred tons or upwards, and shall go to open 


414 


ACT FOR THE COASTING-TRADE, &c. 


sea. Any seaman or mariner, belonging to any such ship or vessel, 
may enter on-board any of his Majesty’s ship’s or vessels, nor shall 
such seaman or mariner, for such entry, forfeit the wages due' to him, 
nor shall such entry be deemed a desertion. 


Abstract of so much of the Act of the 32 Geo. III. c. 50, as relates to the 

Relief of the Coast-Trade of Great Britain ; for exempting certain Coast- 

Documents from Stamp-Duties ; and for abolishing the Bond usiudly called 

The Isle-of-Man Bond. 

1. Goods may be carried from port to port without giving bond. — FROM 
the 5th of July, 1792, it shall be lavvful for any person whatever to con¬ 
vey or remove, and carry forth to the open sea, any goods, wares, or 
merchandise, which shall be shipped or put on-board, according to the 
directions of this act, at any port, creek, or member of any port, in 
Great Britain, to be landed or discharged at any other port or place in 
Great Britain, without taking out any cocquet or cocquets, or giving any 
security, by b »nd, or otherwise-, 1 for the delivery and discharge thereof 
to such port or place, subject, nevertheless, to the several exemptions, 
provisoes, rules, and regulations, hereinafter-mentioned: provided al¬ 
ways, that no goods, &e. prohibited to be exported from Great Bri¬ 
tain to foreign parts ; nor any goods, &c. liable to any duty, or return 
of premium or bounty, or entitled to any allowance for waste on ex¬ 
portation thereof, or on being carried coastwise; nor any goods, &c. 
warehoused upon importation, on payment of a certain duty, and after¬ 
wards carried coastwise for the purpose of exportation ; nor any goods, 
&c. liable to duty of customs on importation into, or on exportation 
from. Great Britain, unless the amount of such duty, on the whole of 
the cargo so to be carried coastwise, shall not exceed five pounds ; shall 
be allowed to be removed or carried coastwise, in any ship, vessel, 
boat, or hoy, from any port or creek in England, Wales, or town of 
Berwick, until the master or commander thereof shall have taken out 
a cocquet or cocquets, and become bound to the king for the delivery 
and discharge of such goods, &c. in the like manner as was required 
by law before the passing of this act; or to be shipped on-board any 
ship, vessel, boat, or hoy, in Scotland, for the purpose of being carried 
coastwise to any part of Great Britain, until the master or commander 
thereof shall have obtained a sufferance, warrant, or permit, for ship¬ 
ping the same, and become bound to his Majesty, in the value of the 
goods, &c. contained in such sufferance, warrant, or permit, or in the 
indorsement to be made thereon, as herein-directed, for the due landing 
of the same, and also (the dangers and accidents of the seas excepted) 
for returning a certificate of their being landed from the officer of the 
customs of the port or creek where the same shall be landed and dis¬ 
charged, within six months after the date of such sufferance, warrant, 
or permit, to his Majesty’s officers of the customs, to whom such security 
hath been given as aforesaid, upon the penalty of forfeiting the security 
aforesaid. 

2. Goods must be carried in British ships, §c. — All goods, &c. by thi« 
act allowed to be carried coastwise without cocquet and bond, may be 
shipped on-board any ship, vessel, boat, or hoy, British*built, and 
owned by British subjects, and navigated according to law, and in no 
other, at any port or creek, in England, Wales, or town of Berwick, 

by 


ACT FOR THE COASTINGVTRADE, &*. 


415' 

*>y. sufferance or warrant, and may be carried to sea, to be landed at 
any other port or piace in Great Britain, by transire or letpass only*, and 
at'any port or creek in Scotland, by sufferance, warrant, or permit, and 
maybe removed in like manner by such sufferance, warrant, or permit, 
only, the same being indorsed in manner herein-directed: provided 
always, that nothing in this act contained shall extend to require any 
transire or letpass in any case where the vessel does not go to open sea, 
or where cocquet and bond, or trails ire. or letpass, were not required by 
law, before the 1st of March, 1792. 

3. Goods in Scotland must he accompanied hy the permit, Spc. — Provided 
also, that no goods, &c. which shall have been laden on-board at any 
port or creek, in Scotland, by sufferance, warrant, or permit, anci 
without cocquet and bond, or without cocquet, shall be carried, con¬ 
veyed, or removed, out of or from any port or creek in Scotland, with- 
out such sufferance, warrant, or permit, accompanying the same, and 
a certificate of the shipping officer or officers indorsed thereon, certi¬ 
fying the particulars of the goods, &c. which arc shipped on-board by 
virtue thereof. 

4. Masters must take out cocquets , Sfc- — If the master or commander 
of any ship, vessel, boat, or hoy, on-board of which any goods shall 
be shipped, in order to be carried coastwise within Great Britain, shall 
proceed coastwise in England, Wales, or town of Berwick, without a 
cocquet, transire, or letpass, or in Scotland without a sufferance, war¬ 
rant, or permit, indorsed as herein is directed, in the cases in which 
the same are respectively required, every such master or commander 
shall, lor every such offence, iorteit £50. 

5. Cocquets , fyc. must he dcliiercd to the proper officer. — If any goods, 
Src. brought or coming into any port or place within Great Britain 
from any other port or place in England, Wales, or town of Berwick, 
by cocquet, transire, or letpass, or from any other port or place in 
Scotland, by sufferance, warrant, or permit, indorsed as herein is re¬ 
quired, in any ship, vessel, boat, or hoy, shall, from the 5th of July; 
J792, be unshipped, to be landed, or put on-shore, before auch cocquet* 
transire, or letpass, or such sufferance, warrant, or permit, indorsed as 
aforesaid, respectively, shall be delivered to the customer, or collector 
or controller, of the port or place of her arrival, and warrant of suf¬ 
ferance made and given from such customer or collector or controller, 
for the landing or discharging thereof, the master or commander of 
every such ship, vessel, boat, or hoy, shall forfeit the value of such 
goods, &c. or if any goods, of foreign growth, production, or manu¬ 
facture, shall, on coming coastwise as aforesaid, be landed without the 
presence of an officer of the customs, all such goods, &c, or the value 
thereof, shall be forfeited and lost. 

6. Penalty for counterfeiting cocquets , fyc. — If any person shall coun¬ 
terfeit, erase, or falsify, any sufferance, warrant, ‘cocquet, transire, 
letpass, certificate, or permit, or any other custom-house warrant, do¬ 
cument, or instrument, or any indorsement thereon, or any of ttienr, 
by this act required, every person so offending shall forfeit two hun¬ 
dred pounds, and such sufferance, &c. shall respectively be null and 
void to all intents and purposes whatever. 

7. Goods not agreeing zvitji cocquet, fyc. — If, after the shipping of any 
goods, &c. to be carried coastwise as aforesaid, and after the master 
or commander of the ship, vessel, boat, or hoy, in which the same 
shall be shipped, shall have received a cocquet, transire, letpass, 
sufferance,, or permit, or other coast document, as by this or any for- 


416 


ACT FOR THE OISTER FISHERIES. 


nier act is directed, expressing or indorsed with the particulars of the 
goods, &c. which have beeh shipped, it shall be louncl by any officer 
of the customs, on examination thereof, that the goods, &c. shipped 
on-board shall exceed in quantity the particulars of the goods, &c. 
expressed either in the cocquet, transire, or letpass, or in the' permit, 
or other coast-document, aforesaid, obtained for the removing or car¬ 
rying the same coastwise, or on the indorsement to be made upon any 
sufferance, warrant, or permit, as by this or any former act is directed, 
all such goods, &c. as shall exceed the quantity so authorised to be 
carried coastwise as aforesaid, shall be forfeited and lost. 

8. Mistakes may be rectified. — Provided, nevertheless, if it shall ap¬ 
pear to the commissioners of his Majesty’s customs, that such excess, 
has arisen by mistake, and without intention of fraud, it shall be lawful 
for the said commissioners to wave the forfeiture, without any reward 
or satisfaction of the seizing-officer. 

9. Security to be given before clearing out, fyc. —It shall not be lawful 
for any' officer of his Majesty’s customs in Great Britain to suffer any 
ship or vessel to be cleared out coastwise, from any port or place what¬ 
ever in Great Britain, until the master or commander thereof shall give 
security to his Majesty, in the penalty of one hundred pounds, with 
condition that such master or commander will not at any time there¬ 
after land or cause to be landed, any goods, in any part of this king¬ 
dom, in any manner which is or shall be prohibited by law, or take the 
same on-board in order to their being so landed, nor be any ways con¬ 
cerned, or aiding of* assisting, in fraudulently importing, unshipping, 
or landing the same; and will not hinder, molest, or oppose, any of his 
Majesty’s officers of the customs or excise, or any other person or per¬ 
sons assisting them, or either of them, in the due execution of their 
respective offices or employments; and no such bond shall be charged 
■with any stamp-duties, nor shall any fee, gratuity, or perquisite, be 
paid or taken, or any charge made, by any person or persons whatever, 
in any manner, for or on account of such bond. 

10. How penalties are to be sued for. — This section directs how good*, 
subject to forfeiture and penalties, may be sued for, Szc. 

1 1. Bonds not liable to stamps. — No bond for discharging goods car¬ 
ried coastwise to be chargeable with stamp-duty. 

\2- Repeal of former acts .—This section of the act repeals those 
parts of the acts of the 5th Geo. III. c. 39, and the 26th Geo. III. 
c. 40, which require the bond (called the Isle-of-Man Bond) to.be 
given. 


CHAP. XXVIII, 

Abstract of an Act for better protecting the several 
O rsTER Fisheries within this Kingdom. — 31 Geo. III. 
c. 51. 

1. Z3 JLK1 SI/3. 'IE NT for taking oisters illegally. — If any person or per- 
sons si-al!, after the 1st of August, 1791, with any net, traul, 
dredge, or other instrument or engine whatever, take or catch any 

oister 




417 


ACT FOR THE OISTER FISHERIES. 

<oister or oister brood, within the limits of any oister fishery of this 
kingdom, or shall dredge for oisters or oister-brood, or use,any.oister- 
dredge, or any net, instrument, or engine, whatsoever, within the limits 
of any such fishery'lfor the purpose of taking or catching oisters or ois¬ 
ter-brood, although no oisters or oister-brood shall .be actually taken, 
or shall, with any net, instrument, or engine, drag upon the ground or 
soil of any such fishery, all and every such person or persons (other 
than and except such persons as shall be> the owners, lessees, or occu¬ 
piers, of such fishery, or shall be otherwise lawfully entitled to take or 
catch oisters therein) shall be deemed and taken to be guilty of an of¬ 
fence and misdemeanor, and shall and may be prosecuted for the same, 
by indictment at. the assizes, or general quarter-sessions of the peace, 
to be holden in and for the county, riding, or division, in which such 
fishery shall lie ; and the justices in sessions are hereby authorised and 
required to hear and determine all and every such offence and offences ; 
and su v ch person or persons being lawfully convicted by verdict, or by 
his or their own confession, shall and may be punished, for any of the 
said offences, by fine am} imprisonment, or either of them, as the court 
before whom such person or persons shall be so convicted shall think 
proper ; such fine not to exceed twenty pounds, or be less than forty 
shillings, and such imprisonment not to be for more than three months, 
or less than one month. 

2. Floating fish may he taken. — Provided, that nothing in this act 
shall extend to prevent or hinder any person from taking, catching, 
or fishing for, any floating fish, in the waters or creeks within the 
limits of any oister-fishery, with any net, instrument, or engine, which 
shall be made or fitted for the purpose of taking orpatching floating fish 
only. 

3. Justices to issue warrants. — Any justice of the peace for any county, 
riding, or division, wherein any such offence shall be committed, upon 
a complaint, and oath thereof made before him, within thirty days next 
preceding such complaint, shall issue out a warrant under his hand and 
seal for the apprehending the person so offending, and for bringing him 
before himself or any other justice of the peace, for such county, &c. 
and the justice, before whom such person or persons shall be brought, 
•shall, if he see cause, commit him to the usual place of confinement for 
prisoners, in and for such county, &c. there to remain until the then 
next assizes or then next general quarter-sessions of the peace for such 
county, &c. whichever shall first happen next after such person shall 
be so apprehended, unless such person shall enter into recognizance 
before s,uch justice, with two good and sufficient sureties (each and every 
of them in the penalty of twenty pounds) to appear and answer to any 
indictment or indictments that shall or may be preferred against him ot 
them, under or by virtue of this act. 

4. Persons illegally catching oisters may he detained, — If any person 
shall be found actually taking or catching any oisters or oister-brood 
within the limits of any oister-fishery, or dredging for oisters or oister- 
brood, or using any oister-dredge, or any net, instrument, or engine 
whatsoever, within the limits of any oister-fishery, for the purpose of 
taking or catching oisters or oister-brood, although no oisters or oister- 
brood shall be actually taken, or with any net, instrument, or engine, 
dragging upon the ground or soil of any such oister-fishery, it shall be 
lawful lor any person, being an owner, lessee, or occupier, of such 
fishery, or otherwise lawfully entitled to take or catch oisters therein, 
and for his apprentice or servant, (in case the person so offending 

E e against 


418 ACT FOR THE OISTER FISHERIES. 

against this act shall, on being required so to do, refuse to discover his 
real name and the true place of his abode or residence,) to seize, se¬ 
cure, and detain, every such person, and forthwith to carry him before 
any justice of the pfeace acting for such county, &c. and the said 
justice, on oath being made before him of the offence against this act, 
for which such person was seized or secured and detained, shall pro¬ 
ceed against him, as if he had been apprehended and brought before 
such justice, by virtue of a warrant issued for that purpose, under the 
■authority of this act. 

5. Prosecutors must enter into recognizances. — Provided, that no jus¬ 
tice of the peace shall commit any person, or take or require any secu¬ 
rity for his appearance as aforesaid, unless one good and sufficient 
householder, being an owner, lessee, or occupier, of, or otherwise 
lawfully entitled to take or catch oisters in the cistcr-fiffiery wherein the 
offence shall be sworn to have been committed, shall enter into recog¬ 
nizance before the said justice, in the penalty of twenty pounds, for 
his prosecuting such offender as is by this act directed. 

6. Persons committed may be discharged on finding tzoo sureties. — If, 
after any person shall have been committed, two good and sufficient 
sureties shall enter into recognizance in the penalty of twenty pounds 
each, with condition for the appearance of such person so commit¬ 
ted to answer to any indictment that shall be preferred against him 
by virtue of this act; then, and in such case, it shall be lawful for any 
such justice to order such person to be discharged from his said com¬ 
mitment. 

7. Acts for particular oister-fisheries not repealed. — Provided, that 
nothing herein contained shall extend to repeal, alter, abridge, or 
affect, any act of parliament now in force, respecting any particular 
oister-fishery within this kingdom, or any clause, regulation, or method 
of proceeding, power, matter, or thing, therein ; but that all and every 
the'powers, authorities, jurisdictions, and directions, contained in all 
such acts of parliament, shall and may be pursued, enforced, exercised, 
and executed, in such manner and form, and as fully, to all intents and 
purposes, as if this act had not been made. 

8. Off ewers may be prosecuted at common laze. — Provided, that no¬ 
thing herein contained shall extend to prevent, bar, or exclude, any 
person from commencing any prosecution or action at the common 
Jaw for any act or offence herein-before described, which shall be 
done or committed within the limits of any oister-fishery,. in such 
manner and formas if this act had not been made; but, nevertheless, 
when any person shall have been punished, in pursuance .and by 
virtue of this act, for any offence against the same, such person shall' 
ROt be prosecuted by virtue of any other law or statute, or be liable 
to any other punishment or penalty for the same offence, or to have 
any action or suit in law or equity brought against him on account 
of that offence for which he shall have been punished in pursuance of 
this act. 


CHAP. 


( 419 ) 


CHAP. XXIX. 

THE SLAVE TRADE. 

F ROM the time that this trade became an object of legislative conside¬ 
ration, various acts have, from time to time, been passed, to regu¬ 
late it. They were in general annual acts; and, as subsequent experi¬ 
ence manifested either their utilities or defects, the act‘immediately suc¬ 
ceeding either continued or altered them. At length, however, the par¬ 
liament having become satisfied that the regulations, which had formerly 
been enacted only for a limited time, might safely and beneficially be 
extended, and formed into a permanent law, passed the following act in 
39 Geo. III. c. 80, the provisions of which are as follow— 

1. Entry of vessels. — From the first day of August, 1799, it shall not 
be lawful for the commander of any British vessel whatever, which shall 
clear out from this kingdom, to take on-board, or to convey, or transport, 
slaves from the coast of Africa to any part beyond sea, in any such ves¬ 
sel, unless such vessel shall, at the time of clearing out, have' been en¬ 
tered for such purpose at the port of clearance. 

2. Space allotted for the slaves. — In every such vessel, the whole space 
between decks shall be allotted and properly prepared for the reception 
of such slaves; ai>d after any such vessel shall have taken two-third parts 
of her complement of slaves on-board, in the proportion herein-after 
limited, no goods, wares, merchandise, or stores, shall be stowed or put 
in any place where such slaves shall be. 

3. Height bctiveen decks. — In every such vessel, the said space be¬ 
tween decks, allotted for the slaves, shall be, in every part throughout 
the whole length and breadth thereof, of the full perpendicular height of 
five feet, measuring from the upper surface of the lower deck to the 
under surface of the upper deck. 

4. One-decked vessels. — In vessels having only one deck, a false deck 
shall be fixed in the hold for the reception of the slaves; which shall be 
considered as her lower deck. 

5. Admeasurement of vessels : — Number of slaves allozved. — No vessel 
shall clear out from Great Britain, for the carrying of the slaves from 
Africa, until the proper officer of the customs shall have admeasured 
such vessel, and shall have certified, to the collector of customs, the 
height between decks, and also the extreme length and breadth, in feet 
and inches, of the lower deck: which length and breadth being multi¬ 
plied together, the product shall be deemed to be the true superficial 
contents of the said deck ; and the said contents being divided by eight, 
the quotient in whole numbers- shall express the greatest number of 
slaves which the said vessels shall have on-board at any one time (for 
which certificate he shall be entitled to demand ten shillings from the 
master or owner of the said vessel;) and the said certificate, verified by 
the collector, shall be annexed to the clearance of the said vessel, and 
shall be produced therewith to the proper officer of the customs, at every 
port in the West-Indies or America at which the said vessel shall arrive, 
before any slave shall be landed there. 


G. Wend? 




420 


SLAVE TRADE. 

6. Words on the stern. — Every such vessel, previous to clearing out,, 
shall have painted, in white or yellow letters, not less than tour inches 
long, upon a black ground, on some conspicuous part other stern (pro¬ 
vided there shall be sufficient space for that purpose, but, if not, in let¬ 
ters as large as the space will admit) the words ( allowed to cany slaves,* 
the number of slaves expressed in the license annexed to the clearance 
of the said vessel being added thereto, in figures of the same length and. 
colour. 

7. Penalty on masters carrying more slaves. — The commander of any 
such vessel shall not carry more slaves than in the proportion of one for 
every eight square feet of the superficial contents of the lower deck of 
his vessel, ascertained as before directed ; upon the penalty of 30/. for 
every slave exceeding that proportion. 

8. Number of slaves proportioned to the crew. — It shall not be lawful to 
carry away from Africa, on-board any such vessel, any greater number 
of slaves than in the proportion of ten to each of the mariners or other 
free persons composing the crew, who shall, at the time of clearing out¬ 
wards -for the voyage, belong to the said vessel, and be actually serving 
on-board thereof; and all such seamen shall so remain until arrival of the 
said vessel at her first port of delivery in the West-Indies, (death and. 
unavoidable accidents only excepted.) 

9. Proportion of children slaves. — If there shall be in any such 
vessel any more than two-fifth parts of the slaves who shall be children, 
and who shall not exceed four feet four inches in height, then every five 
such children over and above the aforesaid proportion of two-fifths, shall 
be deemed to be equal to four of the said slaves. 

10. Number of Slaves limited absolutely. — The number of slaves taken 

on-board any vessel, of any admeasurement whatsoever, shall in no case 
exceed four hundred. - , ■ 

11. Exception in favour of shipwreck ,, mutiny , or distress. — Nothing 
herein contained shall be construed to extend to the case of a ship taking 
on-board any number of* slaves that shall be found shipwrecked, or from 
On-board any other vessel where, by reason of mutiny or insurrection 
among the slaves or the ere#, or by failure of hands, or by any actual 
distress of the vessel, the commander shall be disable from governing 
thfe ship or continuing the voyage, the proof of which shall lie upon the 
master of such vessel so taking on-board such slaves. 

12. Removal of the false deck. — T It shall not be lawful for the master 
or owner to remove any floor or false deck fixed in the hold for the 
slaves, as before-directed, (except for the purpose of loading or un¬ 
loading on the outward-bound voyage, or other unavoidable necessity,) 
or to do any thing whereby the height allotted for the slaves shall be di¬ 
minished, until all the slaves which shall have been taken on-board shall 
have been landed therefrom, under the'penalty of 200 L for every such 
offence. 

13. Declaration of masters before they land slaves. — On the arrival of 
any such vessel in the West-Indies, the commander thereof shall, before 
any of the said slaves shall be landed, repair to the nearest custom-house, 
and there give in a written declaration, to the collector or other chief 
Officer of the customs, of the greatest number of slaves permitted to be 
carried in such vessel, and shall at the .same time shew to such officer the 
certificate annexed, to the clearance thereof, and shall also give in a 
written declaration, containing an exact and true account of the greatest 
n umber'd f such'slaves, (distinguishing the number of males and females, 
and specifying the number of such slaves as shall exceed the aforesaid 

height 


SLAVE TRADE. 


421 


height of four feet four inches*) who are or shall have been at any one 
time on-board such vessel, before, when, or after, such vessel quitted the 
coast of Africa for that voyage ; and if such commander shall land, or 
suffer to be landed, any such slaves, contrary hereto, he shall forfeit 500/. 
for every such offence ; and«uch officer of the customs,shall search in 
every part of such vessel, to take an account of the number of such 
slaves on-board, and to specify in such account the number of males and 
females, and also the number of slaves'not exceeding, four feet* four 
inches in height, and without delay to transmit such account to the com¬ 
missioners of customs in London, under the penalty of 5001. 

14. If there is no officer of customs. — in case the said officer of the 
customs shall be absent,' or if thcr e shall be no such officer in such island, 
or in case there shall be no other officer of the revenue, then any civil 
officer in the said island shall, upon application as aforesaid, receive and 
preserve the said declaration of the burthen of such ship, and perform all 
tiie other duties aforesaid, which the said officer of the customs is to 
perform. 

15. False declarations. —If any person making any declaration by this 
act required, shall therein be guilty of wilful falsehood, or shall procure 
any person to become guilty of such wilful falsehood, every such person 
shall be deemed guilty of a misdemeanor, and be punished by such fine 
as the court shall think fit, and also by imprisonment, not exceeding 
twelve nor less than three calendar months, from the time of such 
sentence. 

16. Surgeon to keep a journal. — It shall not be lawful for the com¬ 
mander of any such vessel to take on-board, or convey, or transport, 
any slaves from the coast of Africa, to any parts beyond the seas, in any 
such vessel, unless the surgeon belonging thereto shall l ave given bond 
to the collector or comptroller of the customs in the port whence such 
vessel shall depart for the coast of Africa, in the penal sum of one - 
hundred pound's, with condition that, surgeon shall keep v a regular and 
true journal, containing an account of the greatest number of slaves 
which shall have been at any time during such voyage on-board such 
vessel, from the time of arrival on the coast of Africa as aforesaid until 
arrival at the port of delivery, distinguishing the number of males and 
females and of the deaths of any such slaves or crew of the said, vessel, 
and of Jhe cause thereof, during the voyage, from the first departure of 
the said vessel to her arrival on the coast of Africa, during her stay on the * 
said coast, and after her departure thence to the said port of delivery, or 
during such time as such surgeon shall have been pn-board such vessel; 
and the said surgeon shall deliver such journal to the collector or other 
officer as aforesaid, at the first British port where "shell vessel shall ar~. 
rive after leaving the coast of Africa, and shall deliver in a written de¬ 
claration of the truth of such journal, to the best of his knowledge and 
belief; and such collector or other officer as aforesaid shall deliver to 
such master and to such surgeon, respectively, copies of the declaration 
of such master and of such surgeon as aforesaid, and also of the said- 
journal ; which copies shall severally be attested (as true copies) by such 
collector or other officer as aforesaid, under his hand and seal, and dupli¬ 
cates of the said copies (attested in like manner) shall be transmitted by 
the said collector to the commissioners of customs in London ; find if. 
such master or commander shall carry his cargo of slaves to, and land the 
whole or any part in, any port or ports not subject to the crown of Great 
Britain, and shall afterwards arrive at any British island or port, having 
delivered the whole or any part of his said cargo, such master cr other 

E e 3 person. 


4-22 


SLAVE TRADE. 


person, and also the surgeon of such vessel, shall make the same decla¬ 
ration, deliver in the same journal to, and take the same oaths before, 
the collectors or other chief officers of the customs, or civil officer of 
the island or port, and receive the same attested certificate, in like 
manner as if he had first arrived at such island or port; and if the said 
vessel shall not arrive at any British island or port before her return to 
Great Britain, then the said master or other person, and surgeon, shall 
make the said declaration, deliver in the said journal to, and take the 
said oaths before, the collector or other chief officer of the customs of the 
port where they shall first land; and, every such master or surgeon acting 
contrary hereto, shall, for every offence, forfeit 100/. 

17. Penalty on masters not being paid. — If the master or commander 
of any such vessel shall be convicted of any one of the offences before 
mentioned, and shall not, Tvithin fourteen days, pay the penalty on such 
conviction, it shall be lawful for any admiral or other commander of any 
of his Majesty’s ships of war, or tor any governor of any island or plan¬ 
tation to his Majesty belonging, in America or the West-Indies, or for 
any officer of customs, to seize the said vessel wherever found, and to 
convey the same to the nearest custom-house; and the principal officer 
of the customs of such custom-house shall cause every such vessel to be 
sold publicly by auction, and the produce thereof he shall apply towards 
satisfying the said penalty and if there shall remain any overplus, 
pay the same over to such person or persons as shall prove property 
therein. 

18. 19. Bond given on arrival in West Indies. —As soon as such ves¬ 
sel shall arrive in any of the said islands, and due notice thereof shall 
have been given at the custom-house, the owner or owners of the said 
vessel, or his, her, or their, factor or agent to whom such ship and cargo 
are consigned, shall give bond, in the penal sum of five thousand pounds, 
to the collector or other officer of the customs, for the payment of such 
penalties as may be awarded against such captain or other officer by the 
verdict of a jury. And no such vessel shall be suffered to enter inwards 
until such bond shall be first given ; and any officer of the customs shall 
detain such vessel, with all her cargo on-board, until such bond shall be 
entered into. 

20. Commencement of suits. — No suit against such captain or other of¬ 
ficer shall be prosecuted in any island, unless commenced within one 
month after due notice of arrival. 

21. Clearing out a second time. —No vessel which shall be cleared out 
from, any port in Great Britain, for the purpose of carrying slaves from 
Africa, shall be permitted to be cleared out again for the same purpose, 
until an attested copy of the declaration of the master, and also ot 
the journal of the surgeon, and also the muster-roll of the said vessel, 
for her last .preceding voyage to the said coast of Africa, shall 
have been deposited with the collector or other chief officer of the 
customs at the port from which she sailed on such last preceding 
voyage. 

22. Penalties may be sued for. — In any court of vice admiralty 

in any part of America, or in any island in the West-Indies, 
wherein any such offence shall have been' committed, or in any of the 
courts of Record at Westminster, or the court of Exchequer at 
Edinburgh. > 

23. Commanders not qualified. — It shall not be lawful for any person 
to become a master, or to have charge of any such vessel, at the time 
he shail clear out from Great Britain, for purchasing and carrying slaves 

front 


SLAVE TRADE. 


423 


from the coast of Africa, unless such person shall have made oath, and 
delivered in to the collector or other chief officer ot the customs, at the 
clearing port, ,a certificate, (attested by the respective owner or owners 
of the vessels in which he has formerly served,) that he has already 
served in such capacity during one voyage, or shall have served as chief 
mate or surgeon during the whole of two voyages, or either as chief 
or otiier mate during three voyages, in purchasing ana carrying slaves 
from the coast of Africa, under pain that such master or commander, and 
also the owner or owners who shall hire or employ such person, shall, for 
every such offence, forfeit 500/. 

24. 25. Policies of insurance may be made in the form heretofore ac¬ 
customed to be used ; but, under such policies of assurance, so made or 
to be made, no loss or damage shall hereafter be recoverable, on account 
of the mortality of slaves by natural death, or ill treatment, or by throw¬ 
ing overboard, on any account whatsoever; or on account of loss or da¬ 
mage by restraints and detainments of kings, princes, people, or inhabi¬ 
tant', of Africa, where it shall be made appear that such loss or damage 
has been occasioned through any aggression for the purpose of procuring 
slaves, and committed by the master of any such ship, or by any per¬ 
sons commanding any boat or boats, or parties of men belonging to any 
such ship, or by any persons acting by direction of any such master or 
commander. 

26. Qualification of the surgeon. — No such vessel shall clear out, un¬ 
less it appear to the collector, or principal officer of customs at the port, 
that there is one surgeon at least engaged to proceed on-board, and unless 
such surgeon shall have delivered to such collector, &c. a certificate or 
warrant of his having passed his examination at Surgeons Hall, or at 
some public or county hospital, or at the Royal College of Physicians, 
or Royal College of Surgeons at Edinburgh, or shall have served as a 
surgeon or surgeon’s mate in his Majesty’s fleet or armies, of which cer¬ 
tificate or warrant the said collector, or other principal officer, shall give 
to the said surgeon an attested copy gratis . 

27. Agreements to be executed by master and mariners. — Before any 
vessel shall proceed to sea, the master, officers, and mariners, - shall exe¬ 
cute articles of agreement and a muster-roll, witnessed by the clearing 
officer, and one of the tidesmen of the port; and a duplicate of the ar¬ 
ticles of agreement and muster-roll, duly signed and executed, shall be 
delivered to the aforesaid clearing officer, according to the forms here¬ 
unto annexed ; which agreement shall be conclusive to all parties for the 
time contracted for, and no other form whatsoever, of articles of agree¬ 
ment or muster-roll, shall be used, under the penalty of 501. 

28. Muster^roll and log-book to be kept. — A continuation of the mus- 
tef-rolls shall be regularly kept during the voyage, also a log-book, 
wherein all penalties, forfeitures, and charges, against any officer or sea¬ 
man shall be regularly entered, and signed by the master, chief mate, 
and surgeon ; which said log-book, and the said muster-roll, shall, on 
arrival at the discharging port in Great Britain, be delivered to the col¬ 
lector or other chief officer of the customs, together with the written 
declaration of the truth thereof; and if any master, chief mate, or surgeon, 
shall be convicted of signing false muster-rolls, articles of agreement, or 
Ipg-book, he or they shall forfeit 100/. and also suffer six months impri¬ 
sonment. . 

29. "No officer, Sec. to be discharged. — No officer, mariner, or sea¬ 
man, shall be turned over or uncharged, upon any pretence .whatsoever, 
unless into his Majesty’s ships of war, or to assist a ship in actual db- 

E e 4 tress. 


424 


SLAVE TRADE. 


tress, which is to be certified by the principal officers of both ships con¬ 
cerned, and an agreement made in writing with the said officers or men 
so lent, or upon preferment, or under ill state of health, with the consent 
of the party ; for which a certificate shall be given from the captain of 
any of his Majesty's ships or vessels, if any are present, or in their ab¬ 
sence two justices of the peace, or the collector or comptroller of the 
customs at the place ot port where such ship or vessel shall be, or shall 
first arrive, which certificate shall be returned with the muster-roll and 
log-book, on the arrival ot the ship at her delivering port in Great 
Britain. 

30. Proportion of slops, Spc. to be supplied. — No master, or other 
person, shall supply the officers or mariners, seamen, or seafaring men, 
with more slops, tobacco, spirits, or any other article whatsoever, than 
to the amount of one-fourth part of their monthly wages. 

31. Regulations relative to riotous behaviour. — If any officer, mariner, 
or seaman, shall behave in a riotous, seditious, or mutinous, manner, it 
shall be lawful for the commanding officer to put such officer, mariner, 
or seaman, into confinement, for a time not exceeding twenty-four hours 
before the same is reported to the captain or commander ot any of his 
Majesty's ships or vessels, (being present or within a convenient dis¬ 
tance,) who is hereby authorised to inquire into the cause of such com¬ 
plaint, and to examine upon oath, if found necessary, and to grant such 
relief therein as the circumstances of the case may require; and in case 
none of his Majesty’s ships are present,' the cause of complaint shall be 
fully examined into by the master and two officers, in the presence of 
the ship’s company, and if it shall be judged necessary for the safety of 
the ship and cargo to continue the offender or offenders in confinement, 
such determination shall be drawn up in writing, with the reasons of 
coming to such resolution stated at large, and signed by the master and 
two officers,' which they are enjoined, under the penalty of 501. to report 
without delay to the captain or commander of the first ship or vessel be¬ 
longing to his Majesty they may fall in with, and in default thereof to 
report the same to the governor or chief officer of any British fort on the 
coast of Africa, or to the governor of any of the West-India islands, on 
their arrival, that such measures may be taken to bring the offender or 
offenders to justice as the nature of the case will admit. 

32. Copies of this, act, Spc. to be hung up. — The master or comman¬ 
der. of every such vessel shall cause a printed abstract of this act, and 
also a copy of the schedule, (A,)* and of the muster-roll,f respectively, 

annexed, 

* Schedule (A.) —- Articles of agreement between the master, officers, mariners , 
seamen , and seafaring men, of the ship , bound from the port of 

upon an intended voyage to the coast of Africa for . , thence to the JVest Indies 

or America, and afterwards to in Great Britain , or to her delivering port in 

Europe. 

Firstly, The roaster does hereby covenant, agtee, and engage, with the said officers, 
seamen, seafaring men, landsmen, and boys, that he will pay, or cause to be paid, to 
each and every of them, £t tfic rate of the wages per month, sterling value, as against 
each person’s name is expressed in the muster-roll. 

Secondly, The said master does farther agree and engage with the said officers, 
mariners, seamen, seafaring men, landsmen, and boys, that they shall be daily and 
regularly supplied with guod and wholesome victuals, and a portion of wine or spirits, 
as hereafter specified; the said provisions to be issued and dressed in the usual manner 
in which it is done on-board his Majesty’s ships of war, and- served out to the ship’s 
company in the manner following; (videlicet,) Sunday, one pound and a half of, beef, 
containing sixteen ounces to the pound, and a pint of flour. Monday, one pound of 
pork, containing sixteen ounces to the'pound-, and half a pint of pease. Tuesday, one 


SLAVE TRADE. 


42$ 


annexed to Ibis act, to be delivered to each of the officers of the said 
vessel, and also a copy of each, (videlicet , of the said abstract, sche¬ 
dule, and muster-roll,) to be hung up and affixed to the most public 

place 


pint of oatmeal, and two ounces of butter, and four ounces of cheese; or, one pound 
of stock-fish, with one-eighth of a pint ot oil, and a quarter of a pint of vinegar, in 
lieu of butter and cheese. Wednesday, the same as MoTiday. Thursday, the same as 
Sunday. Fiid y, the same as Tuesday. And Saturday, the same as Monday. Each 
person besides to'have six pounds-of bread per week ; and a quarter of a pint of spirits, 
or bait a pint of wine, together with of water, per day, during the voyage.— 

In lieu of pease and oatmeal may be served rice, Indian corn, yams, or calavances. 

In case of being put to short-allowance, the master, officers, and seamen, are to be 
at the same allowance of provisions and water, and to be allowed short-allowance 
money, at the rare of three-pence^ per day if at two-thirds allowance, and four-pence 
halfpenny per day, per man, if at half allowance, and to be paid their short-allowance 
money ten days before the vessel sails from the West Indies or America. 

And it is heieby farther covenanted and agreed, by and between the said parties, 
that the master of the said ship, at his or the owners proper cost and charge, will hire 
and employ the natives, in their craft, to wood and wafer the said ship, during her 
continuance on the coast of Africa, n such natives can be procured, under the direction 
of a patroon belonging to the said ship. 

Audit is farther agreed, on. the part of the said master, that, whenever the officers 
and seamen are employed trading in cralt up the rivers, the said master will, on the 
part of the owners, furnish the>partics so employed with a sufficient quantity of painted 
canvas, or tarpawling, for an awning, and provisions for the time, in the proportion per 
diem as is set forth in the foregoing article, with proper utensils and fire to diess the 
same; and, upon failure thereof, tor every such neglect, he shall forfeit double the 
value of provisions. / 

'Jhc said master does farther agree and engage, that there shall be a space reserved 
for "two-third parts of the ship’s company to shelter themselves while the slaves arc on¬ 
board. If a frigate-built ship, it shall be under the half-deck or in the steerage; or 
under a standing awning of wood, well caulked, in any other ship cr vessel. 

It is hereby farther agreed by the said master, that he will not, upon any pretence 
whatever, turn over or discharge any of the officers or ship’s company belonging to 
the said ship, unless on promotion, or to assist a ship actually in distress, and not then, 
unless properly certified as before expressed in this act. And the said master does 
hereby farther agree to advance one month’s 'pay tb the officers and ship’s company, 
before the said ship departs -from Great Britain, at the time of settling the river or 
harbour pay, and that the monthly wages shall commence from that period. And it is 
farther agreed by the said master, that he will pay, or cause to be paid, one month’s 
pay after the landing of the slaves in the West Indies or America, ten days before the 
sailing of the said ship on her homeward-bound passage. And also tire said master en¬ 
gages to make the general signal for sailing twenty-four hours before the departure of 
the said ship, videlicet, by loosing the foretop-saii, and firing a gan. 

And we, the officers, mariners, seamen, seafaring men, landsmen, and boys, in 
consideration of the monthly or other wages, foregoing stipulations and engagements 
do severally promise and agree, and bind ourselves by these presents, to behave with 
due subordination and respect, and to obey the lawful commands of our commander or 
superior officers or.-boarc the said ship, or boats thereuqto belonging, as becomes good 
and faithful seamen and mariners; and, at all places where the ship shall touch, put 
into, or anchor, during the said voyage, to do our utmost^ endeavours for t he preserva¬ 
tion of tfie said ship and cargo, and not to neglect or refuse doing our duty by night or 
by day, n6r go out of the said ship on-board any other vessel, or be on-shore under 
any pretence whatsoever, without leave first obtained of our commander or commanding 
officer on-board. And, farther, that we will on no account whatsoever leave or desert 
the said ship without the master’s consent, (unless to serve on-board any of his 
Majesty’s ships,) till the abovesaid voyage be ended, and the said ship discharged, 
under the forfeiture of our wages. And we do farther agree, that, when absent upon 
leave, we will immediately repair on-board when' required so to do by our commafirier, 
or any of our superior officers; on failure thereof to lorleir, for such disobedience, 
seven clays pay. to be charged against our wages, for every such offence. And we do 
farther agree, and acknowledge, that forty-eight hours absence without leave‘shall be 
deemed a total desertion from the said ship, and our wages forfeited as above agreed on, 
pnless good and sufficient cause can be assigned for such absence. 

^ And 


456 


SLAVE TRADE. 

place of such vessel, and shall cause the same to be constantly kept and 
renewed, so that at all times they may be accessible to the officers and 
seamen on-board of such vessel, upon pain that every such master o? 
commander, who shall neglect to affix and renew the same, shall, for 
every such offence, forfeit 20/. 

33- Mutinous officers! — If any officer, mariner, or seaman, charged 
with mutiny or sedition, shall be taken in custody by the order of the 
governor or chief officer of any fort on the coast of Africa, or the go¬ 
vernor of any of the islands in the British West Indies, a full statement 
upon oath shall be made out and lodged with the said governor, to¬ 
gether with the names of the witnesses who are to support the charge 
alleged against the prisoner, in order to their being sent home for trial 
at the next Admiralty-sessions; and, in case the said witnesses shall 
neglect to appear at the trial, upon being duly summoned, he or they 
shall incur such penalty as the court shall adjudge. 

34. Continuance in pay of officers, S>'C. — Upon arrival of every 
vessel at her discharging-port in Great Britain, the officers and seamen 
shall be continued in lull pay and provisions until the ship is cleared 
inwards, or their accounts are settled and paid ; and all wages due to 
run men shall be forfeited, and paid one half to the use of Greenwich- 
hospital, and the other half to the merchants hospital of the portf to 
which such ship belongs; and all other forfeitures shall be applied as is 
specified, in the articles of agreement. 

35 , 36 . Where offences may be tried. — These sections direct where 
offences may be tried, and limit the commencement of actions to three 
years after the offence. The delivery of writs on-board vessels is to be 
deemed legal service. 

37. false oaths. — Persons taking or procuring false oaths incur the 
pains of perjury, &c. 

, 38, 

And it is farther agreed by us, the said officers and mariners belonging to the said 
ship, that we will not demand our wages, or any part thereof, except the value of a 
fourth part of our wages, to be supplied in slops or other necessaries, and one month’s 
pay, with our sbort-allowance money, then due in the West Indies or America, until 
the arrival of the said ship at her delivering-port, except we should be impressed or 
enter on-.bonvd any of his Majesty’s ships, or be discharged by mutual consent, agreea¬ 
bly to the foregoing certificate, as specified in the act. 

And it is hereby farther agreed by us, the said officers, mariners, seamen, seafaring 
men, landsmen, and boys, that whatever stoics, furniture, or apparel, each or any of 
us receive into our charge, belongiiVg to the said ship, shall be accounted for; and, in 
case any thing shouid be lost or damaged by our negligence or carelessness, it shall be 
made good to the masters or owners out of the wages of such officers or seamen by 
whose negligence it has happened. 


f SCHEDULE (B.) 





































ACT FOR REGULATING, &c. 


427 


38. This clause is enacted to remove some doubts that existed as to 
the validity or’ certain policies of insurance, by reason of the master's 
certificates having been informal, from the doubtful expressions in for¬ 
mer acts. Being thus merely retrospective, it need not be here in¬ 
serted. 

39. Ports from which vessels shall clear out. — No vessel shall be 
cleared outwards, for the purpose of shipping and carrying slaves from 
the coast of Africa, from any part of his Majesty’s dominions, except 
the ports of London, Liverpool, and Bristol. 


CHAP. XXX. 

Abstract of an Act for regulating the Vessels carrying 
Passengers from the United Kingdom to kis Majesty’s 
Plantations and Settlements abroad, or to foreign 
Parts, with respect to the Number of such Passengers, 
43 Geo. III. c. 56. 


I. .How many passengers may he taken in British ships . 

F ROM the 1st day of July, 1803, it shall not be lawful for the 
master or commander of any British ship or vessel, which shall, 
clear out from any port or place in the United Kingdom of Great 
Britain and Ireland, to have- on-board, at or after being cleared out, 
at any one time, or to convey, carry, or transport, from any place or 
places in the United Kingdom to any parts beyond sea, in such ship or 
vessel, a greater number of persons, whether adults or children, in¬ 
cluding the crew, than in the proportion of one person for every two 
tons of the burthen of such ship or vessel;, and every such ship or 
vessel shall be deemed and taken to be of such tonnage or burthen as is 
described and set forth in the respective certificate of the registry, 
granted in pursuance of the several acts in force relating to such cer¬ 
tificates; and, if such ship or vessel shall be partly laden with goods, 
wares, or merchandise, then it shall not be lawful for the master or 
commander to receive or take on-board a greater number of persons, 
including the crew, than in the proportion of one person for every 
two tons of that part of the vessel remaining unladen; and such 
goods, with which the vessel may be partly laden, shall, under the 
direction of the collector or comptroller, or other officer, of the cus¬ 
toms, at the port or place where such goods, wares, or merchandise, 
shall be taken on-board, be stowed and disposed of in such manner as 
to leave good, sufficient, and wholesome, accommodation for the pro¬ 
portion of persons'hereby allowed to be received on-board. 

2. Penalty on taking a greater number. — If any master or comman¬ 
der shall take on-board, or if he or the owners shall engage to take on¬ 
board, a greater number of persons than in the proportion allowed^ 
by this act, such master, &c. -shall forfeit 50/. for every person ex¬ 
ceeding the proportion limited; and every ship or vessel, having 
on-board, conveying, carrying, or transporting, one or more persons 
beyond the proportion herein-limited, shall be seized and detained by 





4-58 


ACT FOR REGULATING THE 


the collector or other officer of the customs, until such penalty or 
penalties shall be paid, or until such master, the owner, or owners, 
of such ship or vessel shall give good and sufficient bail for the pay¬ 
ment thereof. 

3. How vessels bound to America'shall be stored . — Every such ship or 
vessel, bound to any port or place in North America, shall be stored 
and furnished with at least twelve weeks provisions, and good and 
•wholesome water, sufficient to afford an allowance per day, during the 
voyage, of not less than- half a pound of meat, one pound and a half 
of bread, bTscuit, or oatmeal, with half a pint of melasses, and one 
gallon of water, to every person on-hoard, whether adult or child; and 
the master or commander is hereby directed and enjoined to give out, 
•to each person on-board, at least the allowance herein-directed upon 
every day of the voyage, under the penalty of 20/. for every omission; 
and any person, demanding a clearance tor any ship or vessel which 
shall not be stored with provisions pnd water in manner herein-direct¬ 
ed, shall forfeit the ^um of 50/. for each person tor whom there shall 
not be a quantity of provisions and water sufficient to afford the 
allowance herein directed. 

4. Muster-roll shall be delivered to the ojjicer of the customs . — Before 
receiving a clearance or sufferance for any. such ship or vessel, the 
master or commander thereof shall deliver to the officer of the customs, 
from whom such clearance or sufferance shall be demanded, a muster-' 
roll, distinguishing the passengers from the crew, and specifying the 
names, age, and sex, of the persons received or to be received on¬ 
board, and the conditions upon which persons severally have been or 
are to be received, and the place or places to which such persons have 
severally contracted to. be conveyed; and every person delivering a 
falke muster-roll shall forfeit, for every offence, the sum of 50/. for 
each person omitted, or falsely stated or described, therein ; and it 
shall be lawful for the collector, comptroller, or surveyor, of the 
customs of the port or place at which any sbeh ship or vessel shall be 
cleared out, or, in the absence of such collector, comptroller, and 
surveyor, the resident officer of the customs at the port, together with 
any one of his Majesty’s justices of the peace, or other magistrate, if 
such justice or magistrate can be fournfat such port or place, or within 
a convenient distance thereof; and such collector or comptroller, or 
such resident officer, together with such justice or magistrate, is hereby 
directed and required to muster the passengers and crew on-board 
every such ship or vessel immediately before sailing, and to qompare 
the persons found on-board with the persons specified and described in 
the muster-roll delivered by the master or commander, and to search 
and inspect every such ship or vessel; and, if it shall appear that a 
false muster-roll has been delivered, or if more persons shall be found 

. on -board than in the proportion herein allowed, or if the ship or vessel 
shall not be stored and provided with provisions and water, sufficient to 
afford the allowance herein directed, then the collector, comptroller, or 
principal officer, of the customs, together with any such magistrate, may 
seize and detain the ship, and the master or commander thereof, until 
he, the owner, or owners, shall find good and sufficient bail, to the 
amount of the penalties hereby imposed for demanding a clearance 
without being stored with provisions and water in manner herein 
directed, and for delwering a false muster-roll; and no clearance shall 
be given, by any officer of the customs, until the said collector, comp¬ 
troller, surveyor, or principal officer, of the customs, together with 

such 


CONVEYANCE OF PASSENpERS. 


4 *29 


such magistrate, shall have mustered the persons on-board, and have 
searched and inspected the ship or vessel, and provisions and water, iii 
manner herein directed; and it, upon such inspection, the regulations 
of this act shall be found to have been duly complied with, a copy of 
the muster-roll, delivered as aforesaid, shall be certified by such 
collector, 8rc. to be delivered to the master or commander, and be 
preserved by him on-board; and the original muster-roll shall remain 
and be preserved at the custom-house where the clearance or sufferance 
is granted. 

5. Persons not proceeding on the voyage . — If, upon any muster or 
otherwise, any passenger, or person who has entered into any contract 
or agreement for such voyage, (other than the crew,) shall signify to 
the officer of the customs, or to any justice of the peace, or other 
magistrate, that he or she is desirous of being re-landed, or of not 
proceeding on such voyage, such officer of the customs or magistrate 
shall take such person out of the vessel, and the magistrate shall set any 
such passenger free from his engagement, reserving to either party any 
legal claim which-may arise in consequence thereof. 

6. No passenger shall be taken excepting zvher& there is an officer , Sfc. ■— 
No passenger shall be received on-board, unless at a port or place 
where a custom-house shall be established, or officers of the customs 
shall be stationed. If any passengers be taken on-board at any other 
port or place, the master or commander shall forfeit 5001. and the 
vessel shall be seize'd and detained until the penalty be paid, or until 
the master or commander, the owner or owners, shall find good and 
sufficient bail for the same. 

7. Vessels to be provided with a surgeon. — No ship or vessel carrying 
fifty persons or upwards, including the crew, shall be cleared out, un¬ 
less provided with a surgeon, who shall produce, to the officer of the 
customs required to give the clearance of sufferance, a certificate of his 
having passed bis examination at Surgeons Hall, in London,, or at the 
Royal College of Surgeons of Edinburgh or Dublin. 

8 . Every surgeon shall have a medicine-chest. — Every surgeon shall 
have a medicine-chest properly stored with medicines, in proportion to 
the number of persons on-board, of the kind, and according to the 
assortment, generally used and made for such voyages on-board of his 
Majesty’s ships of war; and, before any vessel shall be cleared out, 
the surgeon shall specify upon oath, before a chief officer of the 
customs, at the port or place whence the vessel is to be cleared out, 
the contents of such medicine-chest, and farther that the medicines are 
of good and proper quality to the best of his kndtvledge and belief; 
and the affidavit of every surgeon shall be preserved in the custom¬ 
house where the clearance or sufferance shall be grantedj and the 
master or owner, failing to provide a medicine-chest of the description 
above-mentioned, and every surgeon neglecting or refusing to make 
oath as herein directed, shall forfeit and pay the sum of 501. 

9. Bedding shall be aired and vessel fumigated. — The bedding of 
every passenger on-board shall be aired, by exposure upon the deck, 
when the weather will permit, once a day during the voyage,, and the 
vessel shall be fumigated with vinegar at least twice in ervery week; 
and every master or commander shall forfeit, for every failure or neglect 
in airing the said bedding, or in fumigating the ship or vessel, the sum 
of 20/. 

10. Journals of certain particulars to be kept. — No clearance or 
sufferance shall be granted, unless the master or commander, and also 

the 


ACT FOR REGULATING THE 


430 

the surgeon, where a surgeon is required,'shall have given bond to his 
Majesty, his heirs, and successors, (such bond to be taken by, and 
left in the hands of, the collector or other principal officer of the 
customs at the place whence such ship or vessel s^all be cleared out,) 
in the sum of 100/. with condition that such master or commander, 
and such surgeon, shall severally keep a regular and true journal, con¬ 
taining an account of the greatest number of persons which shall have 
been on-board at* the time^ of departure, and at any time during the 
voyage, and until the arrival at the port of destination, and of the provi¬ 
sions and water on board,, of the delivery of the daily allowances there¬ 
of in manner herein directed, of the airing of bedding, of the fumi¬ 
gating the ship, of the deaths of any of the passengers or crew, and of 
the cause thereof, during the voyage, from the first departure of the 
ship, to her arrival at her port of destination ; and the master or com¬ 
mander and surgeon, shall deliver such journals to the collector or other 
officer as aforesaid, at the first port of the united kingdom where such 
ship or vessel shall arrive after returning from such port of destination, 
and shall severally make oath to the truth of their respective journals, to 
the best of their knowledge and belief, before such collector or other 
officer as aforesaid; and such collector or other officer shall deliver to 
the master or commander, and to the surgeon, respectively, copies of 
the oaths, and also of the journals respectively, which copies shall se¬ 
verally be attested as true copies, under the hand of such collector or 
other officer; and duplicates of the said copies, attested in like manner, 
shall be transmitted by the collector or other officer, to the commis¬ 
sioners of his Majesty’s customs in London, Edinburgh, or Dublin, respec¬ 
tively, according as such journal shall be delivered and oath made in 
England, Scotland, or Ireland; and, if such master or commander, or 
surgeon, shall act contrary hereto, he shall, for every offence, forfeit, 
the sum of 100/. 

11 . Hozu many passengers may be taken in foreign ships . —It shall not 
be lawful for any master or other person taking or having the charge or 
command of any ship or vessel, other than a British ship or vessel, 
owned, navigated, and registered, according to law, clearing out from 
any port or place in the united kingdom aforesaid, from and after the 
said first day of July, 1803, to have or take on-board a greater number of 
persons, including the crew, than in the proportion of one persofi for 
every five tons of the burthen of such ship or vessel; and every such 
ship or vessel shall be deemed and taken to be of such tonnage or bur¬ 
then »s shall be ascertained by the oath of the master or commander 
thereof, taken before the collector or other chief officer of the customs, 
at the port whence such ship or vessel shall be cleared out; and it shall 
be lawful for such collector or chief officer to muster the passengers and 
crew, and to search and inspect every such ship or vessel; and if more 
persons shall be found on board than in the proportion herein allowed, 
every master or commander, as aforesaid, shall forfeit the sum of 50/. for 
every person taken on-board beyond the proportion herein allowed, one 
moiety whereof shall go to his Majesty, his heirs or successors, and the 
other half to such collector or other officer, who is hereby impowered tc» 
seize and detain the vessel, until such penalties be paid. 

12 Act not to extend to certain vessels. — Nothing in this act contained 
shall extend to ships or vessels in the service of his Majesty, or of his. 
Majesty’s postmaster general, or of the customs and excise in Great Bri¬ 
tain and Ireland respectively, or of the East-India company. 


13 . 


CONVEYANCE OF PASSENGERS. 


431 


13. Penalty on relanding provisions t fyc. —If, after any vessel shall 
have been cleared out, the master or commander shall unship, reland, or 
permit or suffer to be unshipped or relanded, any provisions or water, he 
shall forfeit the c -um of 200/. 

14. A proportionate part may be landed. — If any passenger or passen¬ 
gers who may be desirous not to proceed on tl>e voyage, shall be re¬ 
landed, or shall not proceed in the manner herein-before directed, them 
it shall be lawful for the master or commander to unship or relahd, under 
the inspection of the officer of the customs at the port or place whence 
such ship or vessel shall be cleared out, a quantity of provisions and 
water not exceeding the proportion sufficient for the allowance' of such 
passenger or passengers so relanded. 

15. An abstract of this act shall be hung up in every custom-house. — An 
abstract of this act shall be prepared by the direction of the commissioners 
of his Majesty’s customs in England, Scotland, and Ireland, respectively, 
and a copy thereof hung up in the custom-house of every port of the 
united kingdom ; a copy thereof, and a copy of the muster.roll, shall 
also be hung up and affixed to the most public place of every ship or 
vessel carrying passengers under the regulations of this act, and the 
master or commander shall cause the said copies to be renewed; so that 
the same may be at all times accessible to every person on-board, upon 
the penalt 3 ', for every neglect, of 201. 

id. Vessels to be searched token at sea. —All officers commanding his 
Majesty’s ships of w ar or revenue cutters, who shall meet any such ships 
or vessels at sea, are required to call for the muster roll, and to search 
such ship or vessel ; and if any more or other persons shall be found on 
board than are specified in the muster-roll, or if a quantity of provi¬ 
sions shall not be found on-board sufficient to afford to each person the 
daily allowance herein directed during the remainder of the voyage, 
unless it shall appear, that the vessel has been detained on her passage, 
after leaving the place at which the passengers embarked, beyond the 
time foi*w’hich the required quantity of provisions are directed to be 
provided, or if such allowances shall not have been dealt out in the pre¬ 
ceding part of the voyage in manner herein directed, then, in either of 
these cases, such officers may seize and detain the vessel, until good and 
sufficient bail shall be given at the port or place to wdiich she may be 
carried by order of such officers, who are hereby empowered to put 
hands on board to take charge of her for that purpose ; and if the state of 
the vessel, and the provisions on-board, will permit, it shall be lawful for 
such officers to send back the vessel to the port whence she was cleared 
out, or otherwise to carry her into such port as the state of the provisions 
on-board, or the supply which such captains or officers' can afford, will 
permit. 

17. Bond to be given that the vessel is sea-worthy,c. — No ship or vessel 
shall be cleared out, unless the owner or owners, or the master or com¬ 
mander thereof, shall have given bond to his Majesty, his heirs and suc¬ 
cessors, such bond to be taken by and left in the hands of the collector 
or comptroller, or other proper officer of the customs in the port or 
place whence cleared out), in an amount equal to tire sum of 20/. 
for each passenger on-board, with condition that such vessel is sea-wor¬ 
thy, and that every passenger, if alive, shall be landed at the port or 
ports to which such passenger shall have contracted to be conveyed. 

18. Penalty on officers signing illegal sufferances. — II any officers of the 
customs shall knowingly sign or give out any clearance or sufferance for 
any ship or vessel, contrary to the regulations of this act, every such of¬ 
ficer 


432 ACT FOR REGULATING, &c. 

fieer shall forfeit and lose his employment, and shall also forfeit the sum 
of 501. 

19. Hoiv penalties .shall be recovered. — All sum and sums of money* , 
penalties, and forfeitures, in this act mentioned and contained, shall be 
calculated and_paid, and payable within Great Britain in lawful money of 
Great Britain/ and within Ireland in Irish currency ; and any penalty or 
forfeiture may be sued for, and recovered by action of debt, bill, plaint, * 
or inforrfiation, in any of his Majesty's courts of record at Westminster or 
Dublin, oi'in the Court of Exchequer or the Court of Session in Scotland, 
in the name of his Majesty's attorney general for England or Ireland, or 
his Majesty's advocate for Scotland, respectively, or in th£ name of any 
person or persons whatsoever, wherein no essoign, protection, privilege, 
wager of law, or m^re than one imparlance, shall be allowed ; and in ■ 
every action the person against whom judgement shall be given for any - 
forfeiture, shall pay double costs of suit; and every action shall be 
brought at anytime within three years after the offence committed, and 
not afterwards. One moiety of every penalty to be recovered shall go 
and be applied to his Majesty, his heirs or successors, and the other 
moiety to the use of such person as shall first sue for the same, after de¬ 
ducting the charges of prosecution from the whole. 

20. Penalty for swearing falsely. — If any person, taking any oath re¬ 
quired by this act, shall thereby commit wilful perjury, or if any person 
shall unlawfully procure or suborn any other person to take any oath by 
This act required, whereby such persbn shall commit wilful perjury, 
every such person shall suffer the like pains and penalties, as are by law 
inflicted upon persons committing wilful and corrupt perjury or subor¬ 
nation of perjury. 

21. Limitation of actions ,— If any action or suit shall be brought 
against any person, for any thing done in pursuance of this apt, in every 
such case the said action shall be commenced* within 3 calendar months 
after the fact committed, and not afterwards, and shall be brought*in the 
county or place where the cause of action shall arise, and not elsewhere/ \ 
and the defendant in such action may plead the general issue, and give 1 
this act and the special matter in evidence at any trial to be had there¬ 
upon, and that the same was done in pursuance and by the authority of* 
this act; and if it shall appear to be so done, or if any such action shall 
be brought after the time before limited for bringing the same, or shall 
be brought in any other county or place than as aforesaid, in every such 
case the jury shall find for the defendant; and, upon such verdict, or if 
the plaintiff shall become nonsuited, or discontinue his action, or if a 
verdict shall pass against the plaintiff, or upon demurrer judgement shall 
be given against such plaintiff, the defendant shall recover double costs, 
and have the like remedy for the same as any defendant or defendants 
hath or have for costs of suit in other cases by law. 

22. Act not to effect the restrictions of artificers . — Nothing in this act 
shall extend to repeal, alter, or affect, any law, statute, usage, or cus¬ 
tom now in force in the united kingdom, of within Great Britain or Ire¬ 
land, respectively, for the restriction or regulation of artificers and 
others, from going or passing from any part of the united kingdom to 
parts beyond the seas, or to regulate the ships or vessels carrying and 
conveying such artificers or other persons, or the masters or comman¬ 
ders, or persons having the charge of such ships or vessels, bat that all 
such laws, usages, arrd customs, shall remain in full force and effect, 
to all intents and purposes, as if this act had not been had or made. 


CHAP. 


( 433 ) 


CHAP. XXXI. 


CONVOY ACT* 

Abstract of an Act for the better protection of the 
Trade of the United Kingdom during the present Hqs* 
lilities with France. 43 Geo. III. c.57* 

1. Vessels to sail with convoy i 

F ROM the twentieth of June, ] 803, it shall not be lawful for any 
ship or vessel belonging to any of his Majesty’s subjects (except 
as is herein-after provided) to sail or depart from any port or place 
whatever, unless under such convoy as shall be appointed for that 
purpose. 

2. Not to separate from the convoy without leave. — The master or com¬ 
mander of every such ship or vessel, which shall sail under convoy, shall 
use his utmost endeavours to continue therewith during the whole of the 
voyage, or such part thereof as such convoy shall be directed to accom¬ 
pany such ship or vessel; and shall hot wilfully separate or depart there¬ 
from upon any pretence whatever, without order or leave from the officer 
commanding such convoy. 

3. Sailing without, or separating from, convoy, — If the master or com¬ 
mander of any ship or vessel, which by this act is required not to sail with¬ 
out convoy, shall sail from any port or place whatever (except as herein¬ 
after provided) without such convoy, or shall afterwards desert or wil¬ 
fully separate or depart from the same without leave obtained from the 
officer entrusted with the charge thereof, before such ship or vessel shall 
have arrived at the port or place of her destination, or so far on her voy¬ 
age as such convoy shall be directed to accompany and protect such ship 
or vessel, every such master or commander shall forfeit, for every such 
offence, 1000/.; and, in case the whole or any part of the cargo of such 
ship or vessel shall consist of naval or military stores, he shall forfeit the 
sum of 1500/. Provided nevertheless, that it shall be lawful for the 
court, in which any action or suit for the recovery of any such penalty 
shall be tried, to mitigate the same in their discretion, so as the penalty 
be made not less than 50/. 

4. Insurance made void. — In case any such ship or vessel shall sail 
without convoy, or afterwards desert or wilfully separate therefrom 
contrary to the provisions of this act, every policy of insurance or con¬ 
tract or agreement for any insurance upon such ship or vessel, or upon 
any goods, wares, or merchandise, on-board thereof, or upon any pro-» 
perty, freight, or other interest whereon insurances may lawfully be 
made, (and which shall be the property of the master or commander of 
such ship or vessel, or of any person interested in such ship or vessel or 
cargo, who shall have directed or have been any way privy to, or in¬ 
strumental in, causing such ship or vessel to sail without convoy, or wil¬ 
fully separating therefrom,) shall be null and avoid to all intents ar.d 
purposes, both at law and in equity ; and nothing shall be recovered 
thereon by the assured. If any party to such insurance, any broker, 
agent, or other person, shall knowingly make or procure to be made, or 

F f shall 


m 


CONVOY ACT. 


shall negociate, any ,settlement ilpon such insurance, or pay, or agree 
pay, for any loss, peril, or contingency, • relative thereto, every such 
person shall, for every offence, forfeit 200 l. 

5. Bond given before clearing out. — Officers of his Majesty’s customs, 
in Great Britain or Ireland, are not to permit any ship or vessel, (by this 
act required not to sail without convoy) to be cleared outwards from 
any port or place in the united kingdom to foreign ports, until the mas¬ 
ter or commander thereof, shall have given bond to his Majesty, his 
heirs and successors, with one sufficient surety, in the penalty of the 
value of such ship or vessel; with condition that such ship or vessel 
shall not sail or depart without convoy contrary to the directions con¬ 
tained in this act, and shall not afterwards desert or wilfully separate or 
depart therefrom, without leave, as before-mentioned. 

6. Certain vessels exempted from the necessity of convoy. — Nothing in 
this act contained shall extend to any ship or vessel which is not required 
to be registered by any acts of parliament in force before the passing 
of this act, or to any ship or vessel for which a license shall be granted , 
to sail or depart without convoy, either by the Lords of the Admiralty, 
or by such person as shall be duly authorised by them, for the purpose; 
nor to any ship or vessel proceeding with due diligence to join the convoy 
from the port or place at which the same shall be cleared outwards, in 
case such convoy shall be appointed to sail from some other port or place, 
except nevertheless as to the bond hereby required to be taken upon the 
clearance outwards of such ship or vessel ; or to any ship or vessel 
bound to or from any port or place within the united kingdom to any other 
port or place within the same ; or to any ship or vessel belonging to, or 
hired by, or ill the service or employ of, the East-India Company or the 
Hudson’s Bay Company. 

7. No fees taken. — No fee, gratuity, or reward, shall be demanded 
or received for any license granted under this act. 

S. Sailing without convoy from foreign parts. — Nothing in this act 
contained shall extend to any ship or vessel sailing without convoy 
from any foreign port or place, nor to subject the master thereof, or any ' 
other person, to any of the rules, regulations, provisions, penalties, or 
forfeitures, hereby imposed, in case there shall not be any convoy ap¬ 
pointed for such ships or vessels, nor any person or persons at such fo¬ 
reign port or place duly authorised by the Lords of the Admiralty, to 
appoint convoys for such ships or vessels, or to grant licenses to such 
ships or vessels to sail or depart without convoy. 

9. Proper signal-flags, fyc. — The lords of the admiralty may giv*e 
notice that all masters or commanders of ships or vessels, required by this 
act not to sail or depart without convoy, shall have on-board their respec¬ 
tive ships or vessels such flags, vanes, or other materials, as shall be ne¬ 
cessary for the purpose of distinguishing such ships or vessels, and of 
enabling such masters or commanders to answer the signals made by the 
officer commanding convoy; such flags, vanes, or other materials, to be 
provided by the masters and commanders; which notice shall be in¬ 
serted in the London and Dublin Gazettes ; and, after such notice, no 
such ship or vessel shall be cleared outwards until it shall appear to the 
satisfaction of the officers of the customs, that the ship is provided with 
such flags, vanes, or other materials, for signals as may be necessary. 

10. How to act when in danger of an enemy. — If any ship or vessel, 
required not to sail without convoy, shall be in imminent danger of be¬ 
ing boarded or taken possession of by the enemy, the master or com¬ 
mander thereof shall make signals, by firing guns, or otherwise, to con- 


435 


CONVOY ACT. 

vey information of his danger to the rest of the convoy* as well as to the 
ships of war under the protection of which he is sailing; and* in Case 
of being boarded and taken possession of, he shall destroy all instruc¬ 
tions confided in him relating to the convoy. Every master or com¬ 
mander of sucli vessel, who shall neglect to make such signals, or shall 
wilfully omit to destroy such instructions as before-mentioned, shall, for 
every such offence, forfeit a sum not exceeding ‘200/. 

11. Commencement of this act, —-This act does not extend to vessels 
sailing from Guernsey, Jersey, Alderney, Sark, or Man, on o£ before 
July 20, 1803, or from any other port or place in Europe, on or before 
the 20th of August, 1S03, or from any port or place in the West Indies, 
or any other part of America, on or before the 20th of September, 
1803, or from any port or place in Africa or Asia, on or before the 20th 
of October, 1803. 

12. Recovery and application of penalties. —One moiety of all pecu¬ 
niary penalties, relative to ships sailing without convoy, or wilfully sepa-* 
rating from such convoy, or to insurances, shall (if sued for within one 
year) be to his Majesty, his heirs, and successors, and the other moiety, 
with full costs of suit, to the person who shall sue for the same within 
the time aforesaid, in any of his Majesty's courts of record. 

13. Elis Majesty’s attorney general in England and Ireland, and ad¬ 
vocate in Scotland, may stay proceedings on prosecutions. 

14. Limitation of actions. — If any action shall be commenced against 
any person for any thing done in pursuance of this act, such action shall 
be commenced within three calendar months next after the fact com¬ 
mitted, and shall be laid in the county or place where the cause of com¬ 
plaint did arise, and not elsewhere; and the defendant in such action 
may plead the general issue, and give this act and the special matter in 
evidence at any trial to be had thereupon ; and, if the Jury shall find for 
the defendant in such action, or if the plaintiff' shall be nonsuited or dis¬ 
continue his action after the defendant shall have appeared, or if, upon 
demurrer, judgement shall be given against the plaintiff,, the defendant 
shall have treble costs, and the like remedy for the same as any defend¬ 
ant hath in any other cases to recover costs bylaw. 

15. 16. Vessels laden zvitfy fish or produce of Newfoundland, Sfc. — It- 
shall be lawful for any ship or vessel employed in the Newfoundland 
fishery, being wholly laden with fish or other produce of the said fishery, 
or with articles of the growth or produce of the island of Newfound¬ 
land, or coast of Labrador, to sail or depart from any port or place with¬ 
in the said island, or on the said coast, (except as hCrein-after is provi¬ 
ded), without being under the protection of convoy, or without a license' 
having been obtained authorising such ship or vessel so to sail or depart. 
But this exemption does not extend to permit any ship or vessel to sail 
or depart from the port of St John’s in the said island of Newfoundland, 
without being under the protection of convoy, or without license being 
first obtainecl for that purpose during the time any admiral or other per¬ 
son authorised by the lords of the admiralty to grant licenses for per¬ 
mitting vessels to sail or depart without being under the protection of 
convoy, shall be stationed or resident at the said port of St John’s. 

17. Continuance of act . —This act shall continue in force during the 
present hostilities with France. 


Ff 2 


CHAT- 



436 


WEST-INDIA SHIPPING IN 


CHAP. XXtU. 

REGULATIONS 'RESPECTING THE SHIPPING AND UNLADING oF 

Goods and Merchandise at the New Docks, &c. in the 
Port of London. 39 Geo. III. c. 69. 42 Geo. III. c. 113. \ 

39 #: 40. Geo. III. c. 47. Local Acts. 

B Y the act 39 Geo. III. c. 69, entitled. An act for rendering more com- ■ 
modious, and for better regulating the port of London , — Docks, ware¬ 
houses, a canal, and other works, were permitted to be constructed at 
the Isle of Dogs. The docks and warehouses being particularly intended | 
for the reception and lading of ships in the West-India trade, and their 
cargoes; and tiie canal for the general accommodation ol shipping, 
boats, &c. in order to obviate the necessity of passing through the cir¬ 
cuitous navigation about the Isle of Dogs. The canal to be executed by' 
the corporation of London ; the wet docks and warehouses, by a com¬ 
pany called the West-India Dock-Company, in' whom, as a corpo¬ 
rate body, the property is vested. 

For the Canal and River, the corporation of London are to appoint. 
harbour-masters, to be approved by the corporation of the Trinity-house; 
and the canal is to be under their direction; for passing through which, 
at the end of three years after it shall be completed, the following transit 
rates are payable each time of passing, viz, 

For every ship. &a if of 2.00 tons or upwards . . . £0 o 2 per ton . 

—— ——-—— if of 100 tons and under 200 tons . o o iL per ton. 

--- - — -if of 50 tons and under 100 tons . o 10 o each ship, &c. , 

— vessels, carrying sail, if of 20 tons and under 50 tons 050 each vessel, 

-every lighter, barge, boat, &c. rowed through ..010 each. 

Of the Dock s, the West-India Dock-Company are the proprietors 
whose concerns are managed by 21 directors, of whom 13 are proprie* f 
tors. The directors are to appoint dock-masters, approved by the cor- . 
poration of the Trinity-house. All West-India ships are. compelled to 
Use these docks, and land their cargoes there. No slips, dry docks, or 
places for repairing ships, are to be made in or adjoining to the wet docks, 
nor are the West-India Dock-Company to be concerned in building or 
repairing ships. The docks are to be subject to the general regulations 
©f the port ol London. 

Lord Gwydir’s lease in the mooring chains between London Bridge: 
and Bugsby’s Hole is to be assigned to his Majesty ; and, after such as¬ 
signment, all rents and dues in respect thereof shall cease. The corpo¬ 
ration of London may then alter them, and place others under the in¬ 
spection and approbation of the Trinity-House. 

The harbour-masters appointed by the corporation of London are 
impowered to direct the entering, mooring, unmooring, moving, and re¬ 
moving, all ships and other vessels whatsoever, excepting those of the- 
corporation of the Trinity-house, coming into, lying or being in, the port, 
canal, or cuts, (excepting the docks and their appurtenances, and such 
parts of tlie river as shall be within the distance of 200 yards from their 
entrances,) as to the time and manner of entrance into, lying in, or going 
out of, the same; their respective stations, their loading and dis¬ 
charging therein, and the times of opening the gafc’s of the canal: and. 



THE TORT OF LONDON. 


437 


if any owner, master, pilot, or any other person, having the charge or 
command of any ship or vessel, shall refuse to obey. His directions therein 
within twelve hours after notice in writing shall be left with some person 
on-board, the harbour-master is required to moor, unmoor, move, or re¬ 
move, the same ; and the charges thereof shall be repaid, together with a 
sum not exceeding ten pounds, nor less than five, tor every offence; 
which shall be paid by the master, owner, or commander ; and, in case 
of non-payment, on demand, may be recovered by distress, &c. In 
case any mac ter, commander, mate, pilot, or other person, shall obstruct 
or hinder such removal, he shall forfeit, for every offence, a sum not 
exceeding ten, nor less than five, pounds. 

The dock-master appointed by the directors of the West-India Dock- 
Company, is empowered to direct the mooring, unmooring, moving, and 
removing, all ships and vessels whatever coming into, lying or being in, 
the docks, basons, &c. or within the distance of 200 yards from the 
entrances of the same, and to direct the times and manner of entrance ; 
with the position, loading, and discharging, therein, the time of shutting 
gates, &c. and, if any owner, master, pilot, or any person having the 
charge of any ship or vessel, shall refuse or neglect to moor, unmoor, 
move, or remove the same according to such direction, immediately after 
notice be left in writing with some person on-board, the dock-master or 
assistants are required to remove the same, and the charges thereof, with 
a sum not exceeding ten, nor less than five, pounds, shall be paid tor each 
offence by the master, owner, or other person, having the charge or 
command as aforesaid. In case any person, shall obstruct or hinder such 
removal, he shall forfeit, for every offence, a sum not exceeding five 
pounds, nor less than forty shillings. Proviso, that the dock-master shajl 
not moor any vessel, so as to render incommodious the entrances into 
the canal. 

The orders given by the directors, harbour-masters, or dock-masters, to 
the master or other person having charge ol any ship or vessel, shall not 
extend to diminish any responsibility which he shall be subject to in re¬ 
spect of such vessel, or the cargo thereof. 

The following are abstracts of the principal clauses in the act above- 
mentioned relative to the unlading and shipping of goods. 

West-India ships to land their cargoes within the docks .— For twenty- 
one years from the time when the docks, keys, or wharfs, and 
warehouses, shall be, by notification in the London Gazette, declared 
fit for the reception of ships and goods, all ships and vessels which 
shall arrive from any part of the West Indies into the river Thames, 
with cargoes of (Vcst-India produce , shall unload and land the whole 
within the said docks, or on the keys and wharfs belonging thereto; 
and the duties which shall be payable to the king shall be ascertained 
there, and not elsewhere ; a'nd the goods, being West-India produce, 
■shall afterwards be stored or deposited in the adjoining warehouses, or 
such other warehouses as the owners may think proper. If goods, being 
West-India produce, be landed elsewhere, they shall be forfeited to the 
king, and the owner, or owners, or master, of such ship or vessel, shall 
also forfeit the sum of 100/. 

Excepting, however, tobacco, which shall as soon after being 
landed as may be, and without previous ascertainment of the duties, 
be conveyed in carts or decked lighters to the king’s tobacco-warehouses, 

F f 3 at 


438 WEST-INDIA SHIPPING, IN 


at the charges of the Dock-Company, who shall be repaid by the owners, 
or consignees. 

Provided also, that, should it at any time happen, by reason of the 
docks being filled with shipping, or of some accident, or other cause, 
any ship, &c. which shall have come from the West Indies, cannot be 
admitted into the docks, it shall be lawful for the commissioners of the 
customs to permit the landing of the cargo of such ship at any other legal 
key or place which they shall appoint. 

Ships partly laden with Jf est-India produce. • —Ships, arriving from any 
other part oi the world than the West Indies, and having on-board any 
goods of the produce of the West Indies, may be compelled, by order 
in writing of the commissioners of customs, to land such West-lndia pro¬ 
duce within the docks, and not elsewhere, under penalty thereof, and 
100 /. - 


Outward-bound West-lndia ships. — Ships or vessels of the port of 
."London in the West-lndia trade, when outward-bound, shall take in 
their cargoes and he loaded in one of the said docks, or in such part of 
the river Thames as shall he below the entrance of the canal at Black- 
wall. If any part of the cargo be taken elsewhere, the, owner, owners, 
or master, shall, for every,otience, forfeit 100/. excepting, nevertheless, 
in case of naval stores, for his Majesty’s service, which may be taken in 
at Deptford by certificate under the hands of the commissioners of the 
navy or victualling. 

t Harbour arid dock masters not to gke undue preference. — If any har¬ 
bour-master, dock-master, or other officer, give undue preference, or in 
any manner retard unnecessarily any ship, lighter, or other vessel, pas¬ 
sing into or out of the port or docks, or from one station to another, or 
through any lock or flood-gate upon the. canal, or any of the basons, 
cuts, or other works, or in loading or unloading at any of the wharfs or 
other places belonging to the corporation of London, or the West-lndia 
"Dock-Company, he shall forfeit, for every offence, a sum not exceeding 
ten pounds.- & 


Regulating Moorings. — No ship or other vessel shall lie at any of the 
mooring-tiers in the river Thames immediately above or below the re¬ 
spective entrances into the canal, docks, &c. but such as are intended to 
go into, or within twelve hours past have come out of, the canal, docks, 
or cuts; and every person, having the command of any ship or vessel at 
the said tiers, shall remove it therefrom, when required by the harbour 
or dock masters, or assistants, by written order, within twelve hours 
from suen notice, linger the penalty of not more than ten, nor less than 
ive, pounds, for every 24- hours the vessel shall remain aJier the time 
limited by such notice. 

Not.to enter the works under sail. — Before 'any ship or vessel shall 
enter the canal, docks, basons, or cuts, her sails shall be lowered. In 
case she enters under sail, the master, commander, or pilot, having the 
care of such ship, shall forfeit a sum not more than ten, nor less than 
live, pounds. 

Drawbridges ., *c. to be fastened.. - If any drawbridge'or swivel bridge 
v-1 ( r t ? raCr ? SS . e Ca,la !’ 0r a!, y tut ’ or passage, made by 

Ifmav hi “i aC , 4 b ,7r e i’ every person opening. silal1 * as soon after 
as may be, shut and fasten the same; and, if any person wilfully open 

any such drawbridge or swivel-bridge, when no vessel is to pass ‘the 

irZonTd Tinr Upt " P asiia g e t° r travellers, &cv every such 
fsr on shall forfeit a sum not exceeding forty shillings, one moiety of 

wmui shall go to the informer. And,, it any such bridge be left open- 


THE PORT OF LONDON. 


439 


longer than necessary for the passage of any ship or vessel, through the 
negligence of any person belonging to such vessel, then the master or 
owners shall pay tor every offence not exceeding five pounds, of which 
one moiety shall go to the informer; but, if by neglect or default of any. 
officer or servant of the corporation of London, or of the Dock-Com¬ 
pany, such officer or servant shall forfeit the sum of forty shillings. 

(Obstructions and nuisances. —The act here inflicts various penalties 
upon obstructions and nuisances, opening lock-gates, and suffering ves¬ 
sels to strike upon locks, &c.) 

Goods to be landed at the keys —No ship, lighter, or other vessel 
whatever, shall land or ship her cargo* or any part thereof, or any part 
of The docks, basons, or cuts, excepting at the keys, wharfs, and 
landing-places, appointed by the Directors for that purpose, upon pe¬ 
nalty of 100k and loss of the goods so landed or shipped, if subject to 
any duty to his Majesty, which may be seized accordingly.. 

When vessels shall unlade. — All loaded vessels shall unload as soon as 
conveniently may be after entering the docks; and shall then, without 
loss of time be removed into the part assigned for light vessels,. The 
dock-masters, &c. are authorised to order the removal of all such- as shall 
be then unfit for service, or not intended to be fitted but for the West 
Indies : and, that the dock-masters may have knowledge of ships so 
circumstanced, the master or owner shall, within six weeks after she has 
entered, give notice that such vessel is unfit lor service, or not intended 
to be fitted out for the West Indies, upon penalty, for neglect of notice, 
of not more than 20/. If the master, commander, or owners, shall re¬ 
fuse or neglect to remove such ship or vessel within forty-eight hours 
after notice in writing for that purpose be delivered, he shall forfeit a 
sum not exceeding 10/. nor less than 5/. and the dock-master or assis¬ 
tants, may remove or cause to be removed, s&ch vessel, and lay or moor 
the same in the river Thames, within low-water mark> the charges 
whereof shall be paid by the owners, &c. or, be levied by distress 
and sale. 

Gunpoicder and other combustibles. — All ships and other vessels what¬ 
ever. having on-board any gunpowder, exceeding the quantity of one 
pound; shall, before they enter, land and discharge all their gunpowder, 
unload and clear their guns ; and no tar, pitch, rosin, hemp, flax, faggots, 
furze, turpentine, oil, hay, straw, tallow, grease, shavings of w r ood, or 
combustible matter of any kind, shall be suffered to be or remain on any 
of the keys or wharfs, or upon the deck of any vessel in the docks, 
above the space of twelve hours; and, in case any person makes de¬ 
fault herein, such person shall forfeit a sum not exceeding ten, nor less 
than five, pounds. 

In all eases, masters and owners are to be answerable for damages 
done by their officers or servants* 

Rates. — The rates payable to his Majesty by vessels entering in¬ 
wards or clearing outwards, in consideration of the charges of these 
works, &c. executed under the orders of the Corporation of Lon¬ 
don, are given in the tables of custom duties hereafter under the deno¬ 
mination of Loni^)N Port-Duty. They have been payable from the 
1st of August, 1799, (in order to raise a fund for the making and 
maintaining of the canal).' Of the rates or duties payable to the 
West-India Dock-Company for the use of the docks a separate ta¬ 
ble is given hereafter. Persons eluding payment, are to continue 
chargeable, and may be sued in the manner authorised for the reco¬ 
very of the .penalties and forfeitures inflicted by the act. 

F f 4 


That 


440 


WEST-INDIA SHIPPING IN 


That the rates may be duly paid and accounted for, no collector of 
the customs, inwards or coastwise, in the port of London, shall allow 
any vessel, on which duties of tonnage are by this act imposed, to be 
entered inw r ards or coastwise until the master or commander shall have 
paid the.duties of tonnage, and have produced a certificate, under the, 
hand of the person appointed by this act to collect the said duties, cer¬ 
tifying that they have been fully paid. Nor shall any collector of the 
.customs, outwards or coastwise, permit any vessel to be cleared out¬ 
wards, until the duties payable by outward-bound vessels have been 
discharged, which shall be certified by signature or indorsement of the 
officer receiving the same: the certificates and signatures hereby re¬ 
quired are to be given by the respective officers without fee or reward, 
upon penalty of 20/. and costs of suit. 

Application of penalties. — All penalties and forfeitures to be levied 
for offences committed against this act, in prejudice of the works 
authorised to be made by the Corporation of London, or contrary to any 
of the by-laws and regulations to be hereafter made by that corporation, 
shall, if not hereby directed to be otherwise disposed of. be paid one 
half to the informer, and the other half into the receipt of the chamber 
of London, to be applied towards the preservation of mooring-chains 
in the River Thames; and, if there be any surplus, it shall go in the 
same manner as the moneys to arise from the transit-rates. All penalties 
and forfeitures to be levied for offences in prejudice of the works of 
the West-India Dock-Company, or in breach of the bye-laws to be made 
by the directors, shall, if not otherwise applied by the act, be disposed 
of as follows; viz. such as exceed 20/. to be paid for the use of the 
Company, and applied as their other moneys: if not exceeding 20/. one 
half shall be paid to the relief of seamen, lightermen, watermen, or 
other persons, maimed or disabled by accident in the dock-premises, or 
the widows or families of such as may have been killed or have died 
therein; and the other half to the disabled and worn-out servants of 
the Company or their families; but both halves shall be under the 
management of the directors, 


Abstract of so much of an Act, to alter and amend the Act from tvhich 
the foregoing,is abstracted, as relates to the Regulation of West - 
India Shipping. — 42 Geo. III. c. 113. Local. 

Regidations to be observed before arrival at Gravesend. — From the 
time that the docks, &c. shall be declared fit for the reception of ship¬ 
ping, as above mentioned, and during the term of twenty-one years as 
aforesaid, upon the arrival of any ship or vessel in the River Thames, 
with a cargo of West-Jndia produce, the master or commander shall; 
on or before arrival at Gravesend, well and securely lock down and 
fasten, with strong and sufficient locks and other fastenings, to be 
provided at the expense of the owner or owners, all the hatches 
leading to or connected with the cargo; and, from fhe time of arrival 
at Gravesend, the said master or commander shall remain constantly on- y 
board, and keep the hatches so locked down and fastened until the ship 
be safely moored in one of the docks, and until the master or command¬ 
er shall have delivered the keys of such locks or fastenings to the officer 
or servant of the Company authorised to receive the same; and, in case 
of refusal or neglect to provide such locks and other fastenings, or to 
lock and fasten down the hatches as aforesaid, or to keep the same so 

locked 


THE PORT OF LONDON. 


441 


locked and fastened down, or if he shall leave such ship or vessel after 
her arrival at Gravesend, and before she shall be safely moored, and the 
keys delivered as aforesaid, or shall refuse or neglect to deliver the keys 
within two hours after such mooring, every such master, commander, 
or other person, so offending, shall, for every offence, (upon being 
convicted thereof,) forfeit any sum not exceeding 50/. nor less than 
20 /. 

Regulations on arrival in the Thames. — Every master or commander 
,of any ship or vessel which* shall arrive in the River Thames, from 
any part of the West Indies, shall in every case make his report of such 
ship or vessel, and of her cargo, at the custom-house in London, within 
twenty-four hours after her arrival within the docks, and shall also within 
forty-eight hours after such ship and cargo shall be so reported, deliver 
or cause to be delivered two true copies of the manifest of the cargo, at 
the principal office or house in the city of London used for the manage¬ 
ment of the affairs of the said Company, to such officer or servant of the 
Company as shall be appointed lor the receipt thereof; and evefy such 
master or commander refusing or neglecting to make such report, or to 
deliver two copies of such manifest within the respective times, and in 
the manner before directed, shall, for every such offence, (upon being 
convicted thereof,) forfeit any sum not exceeding 50/. nor less than 
20 /. 

Neglect of Entry. — In case anv goods, wares, or merchandise, the 
produce of the West Indies, shall be brought into any of the docks, 
basons, or cuts, on-board of any ship or vessel, and shall not be duly 
entered at the custom-house in London, and also at such other office of his 
Majesty's revenue as shall be required by law, within seven days after 
the ship importing shall have been reported at the custom-house, it 
shall be lawful for such officer of the said West-India Dock-Company, as 
shall be appointed for that purpose, on the next ensuing day, (not be¬ 
ing a Sunday, Christmas day, or Good Friday, or a day appointed by 
his Majesty’s proclamation for the purpose of a general fast or thanks¬ 
giving K ,) to cause such goods, to be duly entered at die custom-house, 
or other proper revenue-office, and thereupon to pay or to give security 
for the payment of the duties to which the same shall be subject; and 
forthwith to land and warehouse the good 0 , and retain the same as a 
security for the payment of the duties to which they shall be subject, 
and the rates and duties payable thereon to the Company, and the 
charges and expenses of entering the same, together with the following 
charges to be payable to the said.Company for making such entry; 
(that is to say,) for every cask of sugar, rum, and coffee, of whatever 
weight dr dimensions, one shilling; and lor every other package of 
goods, of whatever kind or denomination, sixpence; and, in case the 
duties, rates, charges, and expenses, shall not be discharged, by the 
proprietor or consignee, within one calendar month next after such 
entry shall be made jy the officer of the Company, it shall be lawful for 
the directors to sell and dispose of such goods, wares, or merchandise, 
or any part thereof, to answer and satisfy the duties, rates, charges, 
and expenses, together with the expenses attending such sale, and legal 
interest for any money which shall and may be advanced or disbursed 
for or on account thereof; rendering the overplus, (if any,) and such 
of the said goods as shall remain unsold, to the proprietor or consignee, 

who 


* These are the only holidays allowed at the docks by the act. 


442 


WEST-INDIA SHIPPING IN 


\vho shall be liable to pay or make good the deficiency (if any) which 
shall or may arise from the proceeds of goods proving inadequate to 
discharge the amount of such duties, &c. Provided, always, that the 
court of directors are hereby authorised to remit the whole or any part 
of the charges, to be paid to the Company for making entries of goods 
as aforesaid, under ,any special circumstances which shall appear to 
warrant such remission. 

In ease any goods shall remain unentered, at the proper revenue- 
offices, foe the space of eight days after the ship shall have been re-, 
ported at {he custom-house, (or for the space of nine days, when such 
'eighth day shall happen to be Sunday, Christmas-day, or Good Friday, 
or a day appointed for a general fast or thanksgiving,) the officers of 
his Majesty's customs or excise, whose duty it shall be to attend the 
unlading of such ship, are required to seize, for his Majesty, his heirs, 
and successors, all such goods, wares, or merchandise, as shall so re-< 
main unentered, in order to secure the duties payable to his Majesty, 
in respect thereof, together with the charges of seizure, and all 
expenses which shall be occasioned thereby, and thereupon shall forth¬ 
with proceed to land and warehouse tire same; and, in case the whole 
of the said duties and expenses, and the rates payable to the Company, 
shall not be paid within the space of one calendar month from the time 
of the seizure, it shall be lawful for any two or more of the com¬ 
missioners of the customs, or of the commissioners of the excise, im¬ 
mediately after the expiration of such calendar month, to order and 
direct the same to be sold, and the proceeds arising from such Sale 
(after payment of the rates which shall be due to the said Company) to 
be applied according to the directions of an act passed in the twelfth 
. year of the reign of Queen Anne, entitled. An Act for encouraging the 
Tobacco trade . 

Not to break bulk until entry be made. — No ship or vessel which shall 
arrive in the River Thames, with West-India produce on-board, shall, 
on any account whatsoever, be permitted to break bulk, or land any 
part oHier cargo, until the whole shall be duly entered at the custom¬ 
house, or other proper revenue-office;’(except in the case of seizure 
as herein-befofe mentioned;) and*every such ship shall be placed along 
the sub* of one of the said * keys, in order that the cargo may be 
discharged there ; and ships shall be so discharged or unloaded, in due 
succession or rotation, according to the respective dates or times when 
the entries of their cargoes, at the custom-house and other revenue- 
offices, shall have been fully made and completed, and the warrants ol 
such entries.delivered to the officers of the Dock-Company appointed to 
receive the same, or the unentered part shall be seized as aforesaid, 
and not according to the times of the respective arrivals in any of the 
said docks; and the Company are hereby authorised to discharge and 
unload all ships or vessels, in such succession or rotation as aforesaid, 
with all convenient dispatch after the cargoes thereof shall be duly 
entered, or the unentered part seized. 

The commander to be on-board at the time of unloading . —- The master 
or commander of every ship or vessel which shall unload in any of the 
docks, basons, or cuts, or, incase of his death, disability, or incapa¬ 
city, the next.chief or senior officer, then actually serving or employed 
on-board, shall^ during all the time employed in unloading or dis¬ 
charging, actually remain on-board, and superintend, aid, and assist, 
in such unloading or discharging; and every such person, who shall 
neglect or refuse so to superintend, aid, ancl assist, in the unloading 

and 


THE PORT OF LONDON. 


44? 

&nd discharging of the same, shall for every such offence forfeit and 
pay any sum not exceeding 501. nor less than 20/. 

Goods charged with duties, to be weighed, iyc. on landing. — All goods, 
wares, Und merchandise, being West-India produce,,brought into any of 
the docks, and chargeable with duties’ according, to the ‘weight or mea¬ 
sure thereof, shall be weighed or guaged, as the case shall require, im¬ 
mediately or as soon as may be alter the same shall be landed, and bed 
fore any samples for sale shall be taken, and immediately or as soon as 
may he after they shall be weighed or gauged, examined, and samples' 
for sale taken, they shall be deposited and kept in some or one of the 
warehouses provided by the Company, under the joint locks herein pre-. 
scribed ancl directed, except in cases where the immediate removal from 
the keys shall be authorised by law. 

Tare of casks, hozv ascertained .—And whereas staves for sugar hogs¬ 
heads and other casks, cannot always be procured in the West Indies 
f rom North America, or other countries from which the same are usually 
brought, and the proprietors of West-India produce, or their agents, are 
in such cases compelled to use staves made of wood grown in the West 
Indies, and much heavier than the staves ordinarily used, and thereby 
the allowance for the tare of casks of such wood, made by the revenue- 
olficers according to certain rates per cwt on the gross weights of the 
casks and their contents, is not sufficient; it shall be lawful for the di¬ 
rectors, when'they think fit, to cause to be emptied in the presence of 
the landing waiter of the customs then on duty, any number of casks 
which they may think proper, of the different sizes in each cargo which 
shall be brought into the docks, the number so to be emptied not ex¬ 
ceeding two casks of e^ach size and description in every cargo; one of 
the t\yo casks to be selected by some officer of the Company, and the 
other to be'selected by' the landing waiter, as to each and every size 
and descriptioiVof which any casks shall be so emptied ; and the direc¬ 
tors may cause such emptied casks to be weighed in the presence of the 
landing waiter, ancl an account to be taken of their different weights; 
and the respective average weight of the two casks so to be selected, 
shall be taken as the average weight or standard by which the tares of 
the remainder of the casks of the same size and description respectively 
in such cargo shall be computed; and the same shall be computed ac¬ 
cordingly, and allowed between the consignees and the revenue officers 
in computing the net weight. 

Goods to be examined. — Damaged goods. — Samples. — All goods, 
imported in ships from the West Indies, which shall be landed on the 
keys, shall be surveyed and examined by some competent person or 
persons to be appointed by the directors; which person, or persons, 
shall inquire into and ascertain the causes and extent of any damage 
which may have happened to the same, either by sea damage, improper 
stowage, or otherwise, and shall compute and value such damage, and 
deliver a report in writing thereon to the directors as soon as may be; 
and the same or some other person or persons so to be appointed, shall 
take samples for sale of all goods, which shall be landed on the keys, 
before the same shall be removed therefrom (the quantity of which sam¬ 
ples, in the case of sugar, shall never exceed one pound and a half 
avoirdupois weight from each cask.) 

Rates payable for examination. — In consideration of the additional ex¬ 
pense and trouble occasioned by such examination, and ascertaining the 
causes arid extent of any injury or damage, and the amount or value 
thereof, and also by taking such samples of the said goods, and deli- 


444 


WEST-INDIA SHIPPING IN 


vering the whole of the said sample to the order of the importers there¬ 
of, which is hereby required to be done, there si)all he paid to the Dock- 
Company, their collectors, or agents, for all such goods imported from 
the West-indies ai shall be landed, or discharged from on-board of any 
ship or vessel within the docks, and so surveyed and examined, and 
samples taken as aforesaid, (over and above ail otiier rates and duties,) the 
following additional rates : - 

For all goods, wares, and merchandise, (except sugar,) chargeable 
with the payment of any rate or duty to the said Company, accordingto 
the weight thereof, there shall be paid the additional rate of two-pence 
per ewt, and for sugar the additional rate of one penny per cwt: 

And for all goods, wares, and merchandise, chargeable with the pay¬ 
ment of any rate or duty to the Company, according to the measure, 
thereof, there shall be paid the additional rate of one siiilling per cask. 

Which additional rates or duties shall be paict by the proprietors, or 
•consignees, and shall be collected in the same manner as the other rates 
and duties payable to the Company. 

Times of paying the rates. — So much of the former act as directs that 
thy rates or duties thereby granted on such goods, imported from the 
West, Indies as should be subject to the payment of any duty to the king, 
should be payable and paid when the post entry of such goods should 
be made at the custom-house, and as directs that the rates or duties 
thereby granted in respect of such goods, as should not be subject to the 
payment of any duty to the king, should be paid before such goods be 
taken from the dock-premises, is hereby repealed ; and the rates or du¬ 
ties granted to the Company, shall in every case be paid within one ca¬ 
lendar month after the cargo of the ship or vessel importing the same 
shall have been completely discharged or unloaded ; or, in case such 
goods shall ke removed from the keys or warehouses of the Company 
before the expiration of one calendar month, then the rates shall be paid 
in respect of the same, previous to such removal; and, in case default 
shall be made lor the space of two calendar months, after the expiration 
of one calendar month as aforesaid, it shall be lawful for the directors to 
sell all or any part of such goods, for which the said rates or any part 
thereof shall remain payable, and out of the moneys thence arising to 
retain and pay ail the rates which shall be payable to the Company in re¬ 
spect of such goods, and all expenses of making such sale, returning the 
overplus (ifany) o; the moneys arising by the sale, and such of the said 
goods, as shall remain unsold, to the person or persons who shall be en¬ 
titled thereto. 

No fees to be taken. —No fee, perquisite, or reward, of any denomi¬ 
nation whatsoever, shall be taken, or received, by any officer or servant 
who shall be employed in the service of the West-India Dock-Company, 
other than the salary or wages that may be paid or allowed by the Com¬ 
pany; nor shall any fee, perquisite, or reward, whatsoever, be taken, or 
received by any officer of his Majesty’s revenue within the docks, ware¬ 
houses, and other premises belonging to the Company, for any service or 
duty which may be performed within the same, concerning any goods 
that shall be unladen therein; and every person taking or receiving 
any fee, perquisite, or reward, contrary to this act, shall for every such 
offence forfeit and pay back the amount of the same, and also any sum 
not exceeding 100/. and not less than 20/. 

Provided that nothing herein contained shall extend to deprive or pro¬ 
hibit any officer of his Majesty’s revenue from taking or receiving any 
fee,.perquisite, or reward, which by law he shall be entitled to for or in 

respect 


THE PORT OF LONDON*. 




respect of any goods which may be exported from the docks and other 
premises, whether the same goods shall or shall not have been pre¬ 
viously imported into and unladen therein. 


Abstract of so much of the Act (39 and .40 Geo. III. c. 47, local) for 
*' making Wet Docks, Basons, Cuts, and ether Works, for the greater 
Accommodation and Security of Shipping, Commerce, and Revenue , in- 
the Port cf London,” as relates to the lading and unshipping of goods,d 
4-c. 

The Company incorporated by this act, under the name of the Lon¬ 
don Dock-Company, are impowered to make and construct a dock,, 
or docks, with basons, Szc. communicating with the river. Thames, in 
the parishes of .Aldgate, Wapping, St George’s in the East, and Shad* 
well, all in the Tower Hamlets, in the county of Middlesex. 

All the basons, or docks, cuts, keys, wharfs, works, buildings, and 
requisite roa; *. ways, sluices, drains, matters, and things, built, pro¬ 
vided, or established, by virtue of this act, are vested in the London 
Dock-Company and their successors; who are authorised and em¬ 
powered to bring any action, and to prefer bills of indictment, against 
any person or persons' who shall cut, damage, or injure, or cause to be 
cut, damaged, or injured, any of the works to be made, erected, es¬ 
tablished, amended, or repaired, by virtue of this act, &c. 

Con p iny to take rates. —In consideration of the great charges and 
expenses of constructing such basons, dock, keys, and wharfs, sluices, 
and other works, and the supporting, maintaining, and keeping the same 
in repair for the future, after notice of the completion of the said dock 
shall be given by public advertisement in the London Gazette, and in 
two or more public morning newspapers usually circulated in LonutW 
there shall be payable and paid to the said Company, or to their collec¬ 
tors or deputies, for their use, for every ship or vessel on entering into 
the said basons, docks, or cuts, or apy or either of them, by the mas¬ 
ter or commander, owner or owners, of every such ship or other ves¬ 
sel, rates or duties, according to the register-tonnage of the said ship or 
vessel.* / 

Persons eluding payment. — If any master, owner, or commander, of 
any vessel, shall evade the payment of the rates or duties, or any part 
thereof, every person so evading payment, shall stand charged with, 
and be liable to, the payment of the same ; and they may be recovered 
by the means directed for levying and recovering the penalties and for-, 
ieitures by this act inflicted, or authorised to ^ imposed. 

Revenue officers not to discharge vessels without payment of duties .— No 
collector of his Majesty’s customs, inwards, or coastwise, in the port 
of London, shall permit or allow any ship or vessel, on which duties of 
tonnage are by this act imposed, to be entered inwards from foreign 
parts or coastwise, until the master or commander has paid the dues, 
and produced to the said collector a certificate, certifying that the 
duties payable by virtue of this act, on account of such ship or vessel, 
have been fully paid : nor shall any collector of his Majesty’s customs, 
outwards or coastwise, in the port of London, permit or allow any ship 
or vessel, on which these duties are imposed, to be cleared outwards, 

* These rates or duties, with the regulations respecting their recovery, are given 
hereafter in the Tables. 

until 



4*0 


SHIPPING AT THE 


until the master or commander shall have paid, to the person appointed 
under this act to receive the same, the full duties of tonnage by this 
act imposed, with regard to such strip or Vessel,, which, payment shall 
be made appear by the signature of the officer or person so appointed 
to receive such duties to the manifest, content, cocquet, sufferance, or 
other document, which must necessarily be produced to the said coU 
lector at the time of clearing, either outwards to foreign parts, dr 
coastwise outwards, as the case may be; which respective certificates 
and' signatures the receivers of Xhe duties are required to sign and 
give, without fee or reward, upon penalty of 20/. with the costs of 
suit. 

Skips laden with tobacco, rice, vine, brandy, ftc. —During the term 
of twenty-one years, commencing from the time when the dock, keys, 
or wharfs, shall be lit and ready for the reception of ships and landing 
of goods, all ships and vessels arriving in the said port of London for 
discharge, and laden wjth tobacco, or with rice not the produce of the 
East or West Indies, or laden with wine or brandy not imported in 
ships from the East or West Indies, shall unlade and lard the whole of 
their respective cargoes within the said dock, or on the keys or wharfs 
belonging thereto; and the duties which shall be payable to the king, 
in. respect of such cargoes, shall be ascertained at these keys or 
wharfs, and not elsewhere ; and, in case any such goods or merchandise 
shall at any time thereafter be landed in any other place or places than 
the said'keys or wharfs, such goods or merchandise shall be forfeited 
to the king, and may be lawfully seized accordingly by any of the 
officers of the customs or excise ; and the owners or master of such 
ship shall, lor every offence, forfeit the sum of 100/. 

Provided, that, if any ship or vessel shall not have on-board more 
than twenty pipes of wine or brandy, or of forty hogsheads of either, 
or a quantity of either not exceeding twenty pipes or forty hogsheads, 
or if such ship shall not have on-board more than fifty barrels or one 
hundred half-barrels of rice, she shall not be compelled to unload or 
discharge such wine, brandy, of rice, within the docks, but may un¬ 
load the same at any other place within the port, of London. 

Provided also, that, if the cargoes of such ship or vessel (other than 
as before-mentioned) shall consist of fruit, as well as of wine or brandy , 
then it shall be lawful (previous to entering into the docks for the pur¬ 
pose of unloading such part of her cargo, as shall consist of wine or 
brandy) to discharge such part of her. cargo as shall consist of fruit, at 
any of the present legal keys or other allowed place within the port of 
London. 

If at any time it shall happen that, by reason of the said docks being 
filled with shipping, or oT some accident or other cause, any ship or 
ships, vessel or vessels, laden as above, cannot be admitted into and 
unloaded in the docks and works of the Company, pursuant to this act, 
in every such case it shall be lawful for any three-or more of the com¬ 
missioners of his Majesty’s customs in England for the time being, to 
permit the cargo of ahy'such ship or vessel to be landed and discharged, 
at such other legal key or keys, or other place or places, within the 
port of London, as they shall direct and appoint. 

Vessels delivering part of their cargoes. — AW ships and vessels deli¬ 
vering part of their cargoes at the docks or landing-places in the Isle 
of Dogs, and part thereof at the docks by this act directed to be made y 
shall pay a rateable part of the dues payable under the act passed fdr 
making the said docks and other works in the Isle of Dogs, and under 

this 


LONDON DOCKS. UT 

this present act, at each of the said docks, in the proportion that the 1 
quantity of goods or merchandise, so discharged or unloaded at each of 
the said dock's, bears to the register-tonnage of the ship; and, for the 
purpose of ascertaining the aforesaid proportion of tonnage, and the 
quantity of goods so partially discharged, the collector of the dues at 
the Isle of Dogs (if required) shall make out and deliver to the collector 
of the dues at the docks by this act directed to be made, or other per¬ 
son duly authorised by the said London Dock-Company, certificates, 
under his hand, of the tonnage of the entire cargo, as near as may be,' 
and of all goods and merchandise so partially landed, containing an 
account of the quantities and.species thereof; and the amount of the 
dues paid in respect thereof, shall be paid upon such goods to be as¬ 
certained by the landing-waiter's book. 

Acts preventing ships entering wet-docks repealed. — Every act of par¬ 
liament, or part thereof, as prohibits or any how prevents the entrance 
of any ship or vessel into any wet-dock, in the river Thames, (except 
''Uch ships or vessels,as arc or shall be bound by law to enter particular 
docks) are hereby repealed. 

Regulations upon landing goods. — All goods and things whatsoever, 
which shall be landed or shipped upon or from the keys or wharfs' 
built in or near to the cycles, shall be subject to the like tolls, duties, 
dues, and customs, as if the same were landed upon or shipped from 
the present legal keys within the city of London, x or as if the same 
keys or wharfs were situated" with in the city, except in such cases as 
are berein-after specified. 

Dock-masters. — The said directors, or any thirteen or more of them, 
are authorised and required, from time to time, to nominate and ap¬ 
point a proper person or persons to be dock-master or dock-masters, 
which dock-master or dock-masters shall have full power and authority 
to direct the mooring, unmooring, moving, or removing, of all ships 
and vessels, lighters and craft, coming into, lying, or being in, the 
dock or cuts, either as to the time or times, and manner of their en¬ 
trance into, lying in, or going out, of the same, and their position, 
loading, and discharging, therein, and the time or times of opening or 
shutting the several gates thereof; and, in case the owner, master, 
pilot, servant, or other person, having the care of any ship or vessel,, 
shall refuse or neglect to moor, unmoor, move, or remove, the same* 
according to such direction, within twelve hours after notice to him or 
them given in the writing, or left with some person or persons on¬ 
board the said ship or vessel for that purpose, the dock-master oc 
dock-masters, or his and their assistants, is and are required to moor, 
unmoor, move, or remove, such ship or vessel, and the charges arid 
expenses thereof respectively shall be repaid,*together the_.su m 
of ten pounds for each offence, by the master or owner, and may be 
recovered by the Company of the owner, in case of non-payment then x>f 
on demand, by such means as penalties and forfeitures are by this act 
to be recovered : the penalty, when recovered, shall be paid ovev to 
the uses herein-after mentioned; and, in case any master, commander, 
mate, pilot, or other person, having the command of any ship or ves¬ 
sel, or the owner, agent, or any other person, shall obstruct or Linder 
the mooring, unmooring, moving, or removing, such person shail, for 
every such offence, forfeit.the sum of ten pounds, to be recovered and 
applied as herein-after declared. 

Regulating moorings. — As soon as the dock is so far.completed as to 
admit ships, vessels, or craft, to enter therein, no ship or other i essel 


448 


SHIPPING AT THJE 


shall lie within the distance of two hundred ^ards of the cntrartfces'/ 
unless for the purpose of coniipg in or going out of the same, so that* 
at all times,,the entrance may be kept clear and without obstruction; 
and over this space the dock-master shall have control, so tar as relates 
to the placing or transporting ships and vessels coming in or going out 
of the dock. 

Lighters and craft. — All lighters, craft, and boats, entering into or 
going out of the dock, bason, or cuts, or any of them, shall be under 
the control of the dock-masters and assistants, as to the times of going 
in or out, and as to their position within the same, under the penalty 
of forfeiting, for every such offence, the .sum of twenty shillings, or ot 
any sum, at the discretion of the directors, not exceeding twenty 
■shillings. 

Entrance of docks to he kept clear. — No ship, vessel, lighter, barge, 
or boat, of any description whatsoever, shall lie across in, or in any 
way obstruct the entrances or passages, or lie at the tier called the Her¬ 
mitage Tier , except such as shall have come out of, or are intended 
to go into, the docks, under the penalty of five pounds for every suck 
offence. 

Vessels to land goods at the keys. —-No ship, lighter, barge, boat, 
or other vessel, shall land or ship her cargo, or any part thereof, by 
the sides or upon the banks of the dock, bason, or cut, except such 
keys, wharfs, and landing-places, as shall be assigned by the directors 
for the landing and shipping of such cargoes, upon penalty, for every 
offence, of any sum not exceeding <£'100, and of forfeiting to the king 
such goods or merchandise, so landed or shipped, as shall be liable to 
the payment of any duty to his Majesty, on such landing or shipping; 
which goods or merchandise may be seized accordingly, by any officer 
or officers of his Majesty customs hr excise. 

Combustible*. — No tar, pitch, rosin, hemp, flax, faggots, furze, 
brandy, or other spirituous liquors, turpentine, oil, hay, straw, tallow, 
grease, shavings of wood, or combustible matter of any kind, shall be 
suffered to be or remain on the keys or wharfs, or any part thereof, 
or upon the deck of any vessel in the said bason or dock, cuts or 
other works, or any of them, above the space of twelve hours after 
passing the custpm-house officers; and, in case such goods or things 
cannot be conveniently removed therefrom by day-light, the ovyner of 
^uch goods on the keys and wharfs, or the commander, master, or 
iTGfat<?, on-board, are required to set and maintain, at their own ex- 
p\nce, U sufficient number of careful and sober persons to guard and 
yyatch over the same, for so many hours, according to the season of the 
yeair, as the said dock-master, or assistants, shall direct or appoint; 
and, in cas^ the ownfcr of such goods, the commander, master, or 
male, shall make default herein, by neglecting the same, the said 
dock-master, or assistants, shall set such careful persons, as may be 
requisite, to watch and guard over the same, at the expense of the 
said'Owner of goods or ship, and every such person shall forfeit, for 
ever \ such offence, the sum of twenty pounds, exclusive of the full 
charges of watching and attending the same. 

IVoiM and timber. — No wood or timber, which shall be delivered irk' 
any o£ jhe works, shall be permitted to be or remain therein for a longer 
time Min forty-eight hours after the delivery; and, in case the same 
shall rot be removed before the expiration of that time, the owner or 
.^wnei shall, for every offence, forfeit the smn of twenty shillings for 

every' 




LONDON DOCKS. 449 

every hour the same shall remain of the expiration of the said forty-eight 
hours. 

Vessels lying to unload. — All ships or vessels going into the dock, or 
bason, or cuts, or any of them, may lie there to unload, on paying 
the rates, for the space of six weeks, to be computed from the time 
of going "into the same ; and shall be liable to, and actually pay, if so 
required, an increased or farther weekly rent of one farthing per ton, 
during two weeks, and from and after the expiration of the said two 
weeks, shall pay, if so required, a still farther rate of one halfpenny 
per ton, for each and every week that the said ship or other vessel shall 
continue there longer ; and the dock-master shall, upon giving live 
days previous notice,’ in writing, to the masters or owners thereof, to 
order out all light ships, and such as are unfit for service, whenever 
the same'shall incumber the said bason oj dock, or cuts, or any of them, 
or impede the business thereof; and every dock-master, or owner of 
any ship or vessel, who shall refuse or neglect so to do, shall forfeit, 
for every offence, the sum of live pounds. In case of neglect or re¬ 
fusal, the dock-master, or assistants, may cause to be removed all such 
vessels, and lay or moor the same in any part of the river Thames, 
within high-water-mark, as conveniently as maybe : and, upon demand 
of payment being made by the dock-master or assistants, from the 
owners, masters, commanders, or agents, of such ship or vessel, of 
the charges of removing and mooring, (such charges and expenses 
being first allowed by the directors, or thirteen or more of them;) and, 
upon neglect of the charges so allowed, for five days, they shall be 
recoverable by distress and sale of the vessel, or any of her tackle, 
apparel, or furniture, rendering the overplus, (if any,) after deducting 
the charges of such distress, to the owner, master, factor, or agents, 
upon demand. 

Recovery and application of penalties. — All penalties and forfeitures 
by this act imposed, concerning which no particular direction hath 
been already given, shall, if the same be not paid within fourteen 
days after the same shall be demanded, be recovered and levied by 
distress and sale of the goods and chattels of the offender or offenders, 
by warrant, under the hands and seals of any two or more justices 
of the peace for the-county of Middlesex, on the information, upon 
oath, of one or more credible witness or witnesses; and all such 
penalties and forfeitures, and all other penalties afid forfeitures, by 
this act imposed, shall, when recovered, (after deducting all dama¬ 
ges, rewards for the detection of offenders, and the costs of suit, and 
rendering the overplus (if any) when demanded, to the party or parties 
who.se goods and chattels shall be so distrained and sold, the charges 
of such distress and sale being first deducted,) in case the same shall 
exceed the sum of forty shillings, be paid to and for the benefit of the 
Company ; and, such as shall amount to forty shillings or under, shall 
be divided into three equal parts or shares, and paid to the several per¬ 
sons herein-after mentioned ; (that is to say) one-third part to the mer¬ 
chant-seamen’s office for the port of London, for the benefit of sucli 
seamen, widows, and families, a3 are usually relieved by such charity ; 
one other third part thereof to the relief of the seamen, lightermen, 
watermen, or other persons maimed or disabled by accident, or to the 
widows or families of such of them as may have been killed, or have 
died, in the dock-premises; and the remaining third part to the disabled' 
and worn-out servants of the said Dock-Company, or their families ; the 
said second and last-mentioned parts, when so paid, to be under the 

G g management 


450 


LONDON DOCKS, &c. 


management and direction of the directors, or any thirteen or more of 
them : and, in case no such distress as aforesaid can be had, then it 
shall and may be lawful for the said two or more justices, by like war-r 
rant or warrants, to commit the party or parties offending to the com¬ 
mon gaol of the county of Middlesex, or house of correction, for the 
space of ten days, without bail or mainprize, or for any less time, at 
the discretion of such justices, unless the said penalty and charges shall 
be sooner paid and satisfied. 

Penalties may be mitigated. — But it shall be lawful for the said justices 
of the peace^ or any two of them, by whom any judgement, sentence, 
or determination, shall be given, where they see cause, to mitigate, 
compound, or lessen, any of the penalties or forfeitures, as aforesaid, 
as he or they, in his or their discretion, shall think fit; so as such miti¬ 
gation does not extend to remit above one moiety of the penalty in¬ 
flicted and directed to be levied. 

Limitation of actions . — No action shall be commenced for any thing 
done in pursuance of this act, until twenty days notice shall be given 
to the person or persons against whom the same is to be brought, or 
after a sufficient satisfaction or tender thereof hath been made to the 
party aggrieved, nor after the expiration^ of six calendar months after 
the lact shall be committed ,• and such action shall be brought in the 
county of Middlesex, and not elsewhere, and the defendant may plead 
the general issue ; and if the jury shall find for the defendant, or if the 
plaintiffbe non-suited, or discontinue his action, after the defendant shall 
have appeared, or if, upon demurrer, judgement shall be given against 
the plaintiff, then the defendant shall recover treble costs. 



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STEEL’s TABLES 

OF THE 

BRITISH 

CU STOM AND EXCISE DUTIES, 

WITH THE 

DRAWBACKS, BOUNTIES, AND ALLOWANCES, 

DISPOSED IN A NEW AND MORE PERSPICUOUS ALPHABETICAL 
ARRANGEMENT THAN ANY HERETOFORE. 

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FAY ABLE DURING HOSTILITIES ; 

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London Port-Duty •, and all other Duties to the 1st September, 1803. 

to which are added. 

The Duties payable upon Imports into Great Britain and Ireland, from either 
Country respectively, inconsequence of the Union : The Package and Sca- 
vace Duties payable to the City of London : The Duties payable upon Goods 
imported into the United States of America : A List of Duties payable upon 
Goods at the Sound ; with the Rules, Regulations, and Rates of Pilotage for 
the Ports and Harbours of Norway : And a Table of the Charges of the several 
Sufferance Wharfs in London. 

to the whole is prefixed, 

A TABLE, shewing at one View, the Custom and Excise Duties on all WINES 

imported. 


THE THIRD EDITION, VERY CONSIDERABLY IMPROVED, 



By DAVID STEEL. 


P LONDON: 

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PRINTED FQR P. STEEL, AT THE NAVIGATION WAREHOUSE, 
UNION ROW, LITTLE TOWER HILL, 

• By C. WHITTINGHAM, Dean Street, Fetter Lane ; BARNARD and SULTZER, Water Lane ; and 

J. F. LEE, Half-Moon Street. 


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PREFACE. 


THE Consolidation Act of the year 1787, which brought into 
one connected view all the Custom and Excise Duties, and 
which facilitated the calculation of them, effected much for the 
convenience of the merchant, and much for the advantage of the 
revenue. But the various additions and alterations which arose 
in continual succession, between that period and the year 1803, 
having rendered a second consolidation necessary, the Duties 
again became consolidated by the acts of the 43d Geo. III. 
chap. 68 and 69. the substance of which, with that of every 
other recent act of Parliament affecting the Duties of Customs 
and Excise, payable on Importation, Exportation, or Home Con¬ 
sumption, or of the Drawbacks therefrom, will be found com¬ 
prized in the present work. 

The great inconvenience to which the commercial world would 
have been subject, by the numerous alterations made in the inter¬ 
val between the Consolidation Acts above-mentioned, were, in 
great measure, obviated by the former editions of this work; 
in the compilation of which it appeared that much would still 
have been wanted, had it been confined simply to the calculation 
of Duties and Drawbacks; for the regulations of import and 
export (such as regard the ships, the packages, the places, &c.) 
are as essential to be known as the amount of the impost. We 
have therefore subjoined at the bottom of each page, in the 
shape of notes, the laws affecting every article, either upon its 
admission into the ports of Great Britain, or upon its transporta¬ 
tion thence. In such a compilation, from the voluminous statute 
law of this kingdom, we shall not flatter ourselves that the work 
is perfect, yet we trust that there will be found in it sufficient 
traces of accuracy and methodized arrangement as to mark the 
diligence with which we have laboured. 






IV 


PREFACE. 


In the general alphabet are incorporated the names of places, 
for the sake of introducing at the bottom of the page the parti¬ 
cular shipping-laws that affect their commerce. Thus, under the 
word Europe, will be found the rules which regulate the com¬ 
mercial intercourse of Great Britain with foreign European coun¬ 
tries ; and so respectively will be found the similar navigation- 
laws affecting the British commerce with America, Asia, Af¬ 
rica, Turkey, Spain, Portugal, &c. From this arrange¬ 
ment arises a ready mode of information as to the shipping-laws 
of particular places. 

The approbation with -which the former editions of the work 
were received has been testified by the sale of two very nume¬ 
rous impressions. In preparing the present edition, the whole 
has been carefully revised ; such laws as have expired have been 
expunged, recent alterations of former laws have been inserted, 
and those wholly new have been added. These emendations 
will be found duly incorporated in the alphabetical arrangement, 
with the exception only of the few subjoined to the Introduc¬ 
tion, and which have taken place by acts passed too late to be 
inserted in their proper places in the body of the work. 

The new Duties or Rates payable respectively to the West- 
India and London DockCompanies; and the Additional 
Duties of Excise, payable during hostilities, See. form sepa¬ 
rate Tables, as they could not, with propriety, be brought under 
a more convenient mode of arrangement. 

The Proprietor now submits the whole to the Public, with 
hopes, grounded on the close attention which the subject has re¬ 
ceived, that it will not be found less deserving of the public en¬ 
couragement than heretofore. Any hints for farther improve¬ 
ment will be thankfully received by the Publisher. 


INTRODUCTION. 


INTRODUCTION 


Being an Abstract of the General Regulations, made by the 
Consolidation and other recent Acts, not otherwise incorporated in 
the Work. To which are added, the Alterations respecting several 
Articles made by Acts passed too late for insertion in the Alphabeti¬ 
cal Arrangement. 


I. CUSTOMS. 

T[ HE CONSOLIDATION ACT, 43 Geo. III. c. 68. passed 24th of June, 1803, 
has enacted, that from the 5lh day of July, 1803, all the Duties of Customs payable by 
virtue of former acts shall cease, with the Drawbacks, &c. allowed thereon ; and that the 
Duties and Drawbacks set forth in the annexed Tables shall be forthwith paid and allowed. 

This act does not, however, extend to repeal the duties of package, &c. payable to the 
City of London, or any special privilege or exemption. Nor to repeal or alter the provi¬ 
sions of the acts for the Union of Great Britain and Ireland, or of any other act by which 
goods imported or exported are to remain liable to, or exempted from, duties of Customs, 
&c. nor the duties on vessels granted by the 89 Geo. III. c. 69. of the local and personal 
acts, entitled, An Act for rendering more commodious, and for better regulating the Port 
of London : or, the act respecting Quarantine, 39 and 40 Geo. III. c. 8t). 

Nor does it discontinue the drawback allowed to officers or persons serving in his Ma¬ 
jesty’s ships of war by former acts ; nor to prevent tobacco for the use of the crew of any 
ship of war in actual service being removed for that purpose from the warehouse in which 
it may have been deposited without payment of duty, provided that all the conditious of 
such acts shall be duly observed. Neither does it compel the proprietors to pay the du¬ 
ties upon landing of goods which might by law have been warehoused or secured by bond 
before the 5th July, 1803. 

Where goods on importation are chargeable according to their value , it is considered by 
this act as such at the port of importation, which shall be ascertained as prescribed by the 
27 Geo. III. c. 13 ; and where on exportation, according to the value, it shall be taken 
as such at the place of exportation *. But if, on making entry of such goods for export¬ 
ation the real value cannot be ascertained, the officer of tlie customs may permit them to 
be exported, upon oath that it cannot be ascertained,, and bond being given for the pay¬ 
ment ol' the duties, with the production of such invoice or other documents as may be re¬ 
quired by' the Commissioners of Customs. The bond in this case to be given is not 
chargeable with stamp duties. 


* By 27 Geo. III. c. 13. § 17. 19. If goods, entered upon importation on the de¬ 
clared value, befound on examination to be declared at less than the true or market price 
at the place of importation, the landing officer of the Customs may detain them foj; the 
use of the Crown, within eight days from the landing thereof in the ports ot London or 
Leith, and within 15 days in any other port (under the direction of the Commissioners), 
upon the receiver of the Customs in London, or collectors at the out-ports, paying to 
the importer his declared value of such goods, with 10 per cenr. thereon, and the duties, 
paid on importation, w ithout any' further allowance. The payment, if the value be under 
20/. to be made without delay j if exceeding that sum, to be made within 15 days after 
the goods are taken. 

In like manner goods undervalued by the exporter, if entered for exportation on th® 
declared value, may be aho detained, for the use of the Crown, by the officers of the. 
Customs. r 










VI 


INTRODUCTION. 


If any exporter, his agent, or factor, shall knowingly and fraudulently make any false 
declaration of the value of such goods, after the same shall be allowed to be shipped for 
exportation, every such exporter or factor shall, for even' offence, forfeit a sum equal to 
their real value. But, in case any goods are detained for not being truly valued, the 
Commissioners of the Customs, upon proof that no fraud was intended, may direct the 
entry to be amended, upon such terms as to them shall appear reasonable ; provided that, 
it the importer, exporter, or proprietor, shall accept the terms prescribed by the Commis¬ 
sioners, such importer shall not be entitled to any recompence on account of the deten¬ 
tion, or to maintain any action for the same. 

Where the duties on goods imported by the East-India Company are charged according 
to the value, it shall be ascertained by the gross price at their public sales. See notes 31, 
52, 53, 54, and 55, in the alphabetical arrangement. 

Persons bringing goods, not prohibited, from the limits of the East-India Company’s 
charters as presents, or for private use, may enter them with the officer of the Customs, 
and the value shall be ascertained as prescribed with respect to goods not imported by the 
Company. 

Cambrics or French lawns, legally imported, and which have paid the duty, are permit¬ 
ted henceforth to be soid in Great Britain. Foreign silk lace may also be imported, sold, 
and worn, in this kingdom. But such lace, after it has been entered, and before it shall be 
discharged by the officers of the Customs, is to be marked or sealed at each end of every 
piece ; and any found upon land, not being so marked or sealed upon both ends of every 
entire piece, or upon one end of every remnant, shall be forfeited, and the owner prose¬ 
cuted bv the laws in force on the 5th July, 1803, relating to foreign silk lace clandestinely 
imported. If any person shall counterfeit the mark or seal, or the impression of them, or 
shall sell or expose to sale, or be in possession of, any foreign silk lace with a counterfeit 
mark thereon,..every such offender is, lor every offence, subject to the penalty of 100/. 
and to stand for the space of two hours in the pillory. 

Tim ; st-India Company may also, after a certain time, sell warehoused silk handker¬ 
chiefs for home consumption.—Seethe article Handkerchiefs of silk in the alphabetical ar¬ 
rangement. 

Couries and Arran goes, imported and warehoused in the port of London, may be re¬ 
moved by land carriage to any other port, for exportation to Africa, by permission of the 
Commissioners of Customs, under the legal restrictions relative to East-India goods re¬ 
moved from one part of Great Britain to another, to be from thence exported. 

lline, for which the new duties have been paid, may be removed into the port of Lon¬ 
don, or within twenty miles of the Royal Exchange, unaccompanied with the certificate 
required by 27 Geo. III. c. 13. 

The Duties made payable according to the weight, sale, gauge, measure or value, of 
any goods so charged, are payable in proportion upon any greater or less weight, number, 
quality, or value, than the weight, &c. inserted in the Tables. The allowance in weighing 
goods, called draft, formerly allowed, is henceforth discontinued. 

The foregoing are the general regulations made by the recent act for 1 the Consolidation of the 
Custom Duties, which affect the merchant or ship-owner, and which are not incorporated in 
cur alphabetical arrangement. The following are from subsequent acts. 

GOODS PERMITTED to be WAREHOUSED without payment of duty.—For 
the encouragement of trade and the accommodation*of merchants, the 43 Geo. III. c. 
132. extends the system of warehousing, by permitting all the goods hereafter mentioned to 
be entered and landed in the port of London, and conditionally in other ports, without 
payment of the duties of the Customs and Excise due on importation, under certain re¬ 
strictions, upon the same being secured under the joint locks of the Crown and the mer¬ 
chant : provided that the warehouses, See. so to be used, shall be fit in every respect for the 
reception of such goods, under the regulations of the act. 

1 . Articles which may be secured in warehouses within the premises situated at the 

Isle of Dogs, and belonging to the West-India Dock Company, w ithout the duties 
due on the importation thereof being first paid, viz. 

Cocoa-nuts, coffee, and sugar, if not imported by the East-India Company. Cotton 
wool, ginger, indigo, mahogany, melasses, pimento, and rum, imported from the West- 
Indies. 

2. Articles, not imported by the East-India Company, nor from the West- Indies, 

which rnay be secured in warehouses within the premises belonging to the London 
Dock Company. 

Brandy, geneva, or other spirits, rice, wine, and tobacco. 


INTRODUCTION. 


VII 


3. Articles, not imported by the East-India Company, nor from the West Indies* 

■which may be secured in places to be approved by the Commissioners of Customs. 

Brimstone, cork, hemp undressed, iron in bars, kelp, mahogany, pitch, rosin, staves, 
tallosv, tar, timber, tow, turpentine, wood. 

As from the bulk of most of these articles they cannot be conveniently lodged in ware¬ 
houses, they are permitted to be secured in other places to be approved by the Commissioners, 
upon the importer’s entering into bond, uith one sufficient surety, in double the amount of 
the duties payable on importation, with condition that they shall be either duly exported, 
or that the full duties shall be paid within twelve months from the date of the first entry. 

4. Articles of a particular description, not imported by the East-India Company, 

nor from the West Indies, which may be secured in warehouses to be approved 
by the Commissioners of Customs. 

Skins, viz. Indian deer skins, half dressed or shaved ; other skins and furs, not tanned, 
tawed, or in any May dressed ; spermaceti oil, head-matter, train oil, and all other fish 
oil, blubber, and whale fins of British fishing. 

These goods may be lodged and secured in such warehouses as shall be fit for them, upon 
the same conditions as the third description of articles above mentioned. 

5; Articles of a general description, not imported by the East-India Company, not 
from the West Indies, which may be secured in warehouses to be approved by the 
Lords Commissioners of his Majesty’s Treasury. 

Almonds of all sorts, anchovies, annisced. • 

Balsam capivi, barilla, bees wax, bristles undressed. 

Cantharide^, carpets of Turkey, chip hats, clover seed, cochineal, cotton yarn, cotton 
wool, and currants. . 

Elephants’ teeth, feathers for beds, figs, ginseng, gum Arabic, gum Senega. 

Jalap, jesuit’s bark, indigo, juniper berries. 

Linen, plain, of all sorts, except sail cloth. 

Manna, mohair yarn. 

Oil of olives, palm oil, salad oil, oil of turpentine, opium. 

Prunes, quicksilver, raisins of all sorts, rhubarb. 

Saffron, senna ; silk raw, thrown, or waste ; smalts, straw hats. 

The Commissioners of the Treasury are also empowered to permit, by notification in the 
London Gazette, any other goods to be warehoused without payment of duty. 

The accommodation granted by this act may be extended by his Majesty’s order in 
council to such other ports of Great Britain, of which the nature and extent of the trade, 
convenience of situation, and security afforded to the revenue by thfi construction of docks, 
warehouses, &c. are such as may be deemed entitled thereto; and wherein the goods may 
securely remain under the regulations of the act. Provided that no goods shall be landed, 
without payment of the duties, until the order in council, permitting them to be ware¬ 
housed, with a list of the goods so permitted, and a list of such places within the said ports 
deemed fit for the deposit of the goods, shall have been published at least three times in 
the London Gazette, 

The goods to be -warehoused are fo be regularly entered on landing, and the contents 
marked on the packages, in all practicable cases. No allowance for damage, or otherwise, 
shall be made, unless claimed by the importer on the first examination. 

Goods warehoused, or otherwise secured, may be taken thence for exportation without 
payment of any duty of Customs (except as hereafter mentioned) upon condition 
that a true entry thereof shall be made; and, that the exporter or proprietor, with the mas¬ 
ter of the vessel in which such goods are intended to be exported, with one other'sufficient 
surety, enter into bond in treble the value, that the goods so intended to be exported shall 
be landed at the places for which they shall be entered, and that no part of the same shall 
be relanded in Great Britain, or the islands of Guernsey, Jersey, Alderney, Sark or Man, 
or the island of Faro or Ferro ; which bond shall be discharged for goods entered for or 
landed in Ireland, or any part of Europe not within the Streights of Gibraltar, upon cer¬ 
tificate of the discharge thereof, within six months from the date of the bond. If entered 
for or landed at Gibraltar, or any place within the Streights, within twelve months; if for 
any part of Africa, not within the Streights, and on this side the Cape of Good Hope, or 
in any part of America, within 18 months ; if for St. Helena, or any place at or beyond 
the Cape of Good Hope, within thirty mouths, from the same. 


INTRODUCTION. 


vm 

The certificate of discharge in Ireland, or such places of his Majesty’s dominions or 
settlements as have a resident officer or officers of the Customs, shall be signed by the 
proper officer; but if no officer of the Customs be resident, then by the Governor or 
Deputy Governor thereof respective!}' ; and if at any foreign port or place, by the Bri¬ 
tish Consul or Vice Consul residing there; and if no Consul or Vice Consul, then under 
the hand and common seal of the Chief Magistrate of such port or place ; and if no Chief 
Magistrate, then under the hands and seals of two known British merchants residing at 
such place, testifying that such goods, &c. were there landed. The bond may also be 
discharged upon proof being made to the satisfaction of the Commissioners that such 
goods were taken by the enemy or perished in the seas. 

Upon goods being delivered out for home consumption , the full duties payable on im¬ 
portation shall be paid, according to the account taken at the first examination, w ithout 
any deduction or abatement whatever. But, in case that, by effect of weather, (here 
shall be found in any article an increase of weight, the full duty payable on such excess of 
weight shall be charged and paid. 

An allowance for waste, &c. shall, how ever, be made for waste, &c. in coflee and 
cocoa nuts warehoused, at the rate of two pounds perewt. in compensation for loss or da¬ 
mage, whether occasioned by garbling or otherwise. 

Goods embezzled or clandestinely removed from the warehouse, &c. in which deposited, 
shall he forfeited, with the packages containing the same ; and the persons so embezzling, 
with those in whose possession they shall be found, are likewise subject to the same penal¬ 
ties as if such goods had been fraudulently unshipped or landed w ithout payment of duty. 

If goods w arehoused be destroyed by fire, the importers or proprietors shall not claim or 
demand any compensation from the Commissioners of Customs or Excise : and no duty 
shall be demanded or paid for such goods. 

In all cases the expence of warehouse rent and other charges shall he paid by the im¬ 
porter or consignee. And, should warehouses he provided at the charge of the crown, 
the importer, &c. shall pay warehouse rent estimated according to the usual rate for the 
like articles at the port of importation, and fixed accordingly by the Commissioners of 
Customs, with the approbation of the Lords Commissioners of the Treasury. 

No goods which have been warehoused or otherwise secured shall be exported, or entered 
for exportation, in vessels of less burthen than 70 tons. But nothing herein contained ex¬ 
tends to repeal or alter the provisions of former acts. Nor shall goods be taken out of 
warehouses, &c. in any other than the packages in w hich imported, or in one entire quan¬ 
tity equal thereto, and contained in a similar package; norsball any brandy, rum, geneva, 
spirits, or aqua vitae, be so taken out for exportation in less quantity than one cask, con¬ 
taining at least 100 gallons; nor wine in less than one cask containing 45 gallons. But 
coffee and cocoa nuts may be repacked in any manner, provided the quantity contained in 
s uch repackage be not less than four hundred weight. 

No goods imported in hulk, the duties of w'hich shall have been secured by bond, shall 
be delivered except in the whole quantity for w hich bond has been given, or a quantity of 
not less than one ton weight, unless by special leave of the-Commissioners of the Customs; 
and, before any goods shall be taken from the w arehouse, &c. where deposited, each pack¬ 
age shall be marked in such manner as the Commissioners shall direct. 

The duties imposed by act 43 Geo. III. c. 70. for granting additional duties during the 
ivar, and until the ratification of a definitive treaty of peace , &c. are to be paid, on taking out 
from warehouse, whether for exportation or home consumption, on all goods, excepting 
sugar, which shall have been warehoused under the present act. 

Goods taken out of warehouse for exportation shall be re-examined, and if on re-ex¬ 
amination there shall appear any deficiency, such deficiency shall be charged with the full 
duty. 

On shipping for exportation, a certificate without fee shall be given to the exporter, by 
the officers of the Customs, specifying the quantity, quality, and species of the goods so 
shipped, in discharge of the importer’s account, which shall be delivered to the Commis¬ 
sioners, &c. for that purpose. 

In case any goods which have paid the full duties, and be afterwards taken for exporta¬ 
tion from warehouses in which the same may be secured, they shall be entitled to the same 
drawbacks as if this act had not been made, and likewise the same drawbacks with respect 
to the Excise duty on w ine, provided the same be exported within one year from the time 
at which the duties were paid. 

It is however provided that rum, of the British plantations, may be shipped as stores, 
without payment of duty, under the restrictions of the laws in force. 


INTRODUCTION. 


IX 


Goods, after having been entered for exportation according to the foregoing clauses, 
if fraudulently re-landed, are subject to forfeiture, together with the vessel out of which re¬ 
landed. Provided however that, with respect to the vessel, it shall be proved, that the 
goods so unshipped did not form anj- part of the cargo, or were of small value, and that 
from the nature and quantity, or the circumstances attending the re-landing, the same 
was done without the privity or knowledge of the master. 

If goods be not taken from the warehouses in which they shall be lodged within fifteen 
months from their first entry, they may be publicly sold by order of the Commissioners, 
In this case, the produce is first to be applied to the payment of freight, primage, ware¬ 
house-rent, and other charges thereon ; next the duties of Customs and Excise ; and the 
overplus, if any, to he paid to the proprietor. B.ut goods that may be found of less value 
than the amount ol‘ duties and ex peaces, shall be destroyed, in presence of the officers of 
Customs or Excise respectively. 

Exciseable Articles. —Before any goods subject to a duty of Excise on importation 
shall be landed, entry must be made with the collector of Excise, specifying the name of 
the vessel, with that of the master, the number and marks of the casks or other packages 
with the species of goods in each, and the name of the port at which the same were 
loaded. 

No foreign brandy, rum, geneva, or aqua vitae, shall be warehoused before payment of 
the duties, unless imported in casks of 100 gallons at least; nor foreign wine, unless in 
casks of 45 gallons each ; nor coffeeor cocoa nuts, unless in casks or other packages contain¬ 
ing at least one hundred and twelve pounds each. 

Before goods subject to any duty of Excise shall be warehoused, security shall be given, 
approved by the Commissioners of Excise, &e. by bond in double the value of the duties, 
for payment of the duties on being taken taken out for exportation or home consumption, 
or within one year from the date of the bond, with all charges incurred by the officers of 
Excise respectively. 

No exciseable goods shall lie landed without a warrant from the proper officer of Ex¬ 
cise, nor unless in presence of an Excise officer. But if otherwise landed they shall be 
subject to forfeiture, lr two articles, subject to different duties of Excise, be knowingly 
warehoused together in one room or apartment, they are likewise subject to forfeiture. 

All goods secured in warehouses are to be so stowed that convenient access may be had 
to every cask or other package for the purpose of taking a true account of its contents. 
And, if the owner or proprietor neglects or refuses so to stow them Away, he shall for 
every such omission forfeit the sum of 50/. 

Before any goods subject to a duty of Excise be delivered out, either for home con¬ 
sumption or exportation, the importer is required to give 24 hours notice in writing to the 
proper officer of Excise of his intention to take them out; specifying in such notice the 
particular goods, the number, marks, and descriptions of each package, and the kind of 
goods therein contained, the vessel by which imported, the w arehouse in which deposited, 
and w hether taken out for home consumption or exportation* If taken out for home con¬ 
sumption, the Excise duties shall then he paid, according to the first account taken on the 
landing; and if for exportation, without payment of duty, then the exporter shall give 
security, to be approved by the Commissioners, or persons employed for that purpose, by 
bond, in double the value of the duties chargeable upon home consumption, that the same 
shall be duly exported, &c. provided, that no bond shall be required lor the exportation 
of coffee or cocoa nuts. 

No exciseable commodities, except coffee or cocoa nuts, shall be delivered out, either 
for exportation or home consumption, except in presence of the Excise officer. Such as 
are for home consumption to be accompanied by permits according to law, and those for 
exportation to be shipped forthwith in presence of the Excise officer. Then, in case any 
part shall be altered in quantity or quality, or shall not be actually put on board, or if any 
part be unshipped or put into any other vessel, or boat, (shipwreck and unavoidable ac¬ 
cident excepted) or shall be re-landed in Great Britain, all such goods so omitted to be 
shipped, altered, or re-landed, shall be forfeited, with the packages containing the same, 
over and above the penalty of the bond.given on the exportation thereof. 

Excise officers may take an account of all goods subject to Excise before they be ware¬ 
housed, and while remaining on shipboard, or upon warehousing, in order to ascertain 
the duties: and may take samples, not exceeding half a pint of spirits out of every cask ; 
or from every package of coffee or cocoa-nuts not exceeding one ounce, which shall bs 
marked, registered, and kept by the officer until the goods be delivered out for home-con¬ 
sumption or exportation. The proprietor may also take samples in presence of the officer, 
not exceeding half a pint from every cask of spirits or wine, and not more than two 


X 


INTRODUCTION. 


ounces of coffee or cocoa-nuts from every package $ provided that no more than two of 
the last-mentioned samples shall be taken. 

Every importer, who may be desirous to inspect warehoused goods to him belonging, 
shall, upon giving four hours notice to the officer of Excise, be permitted, with the con¬ 
currence of the officer of the Customs, to enter and remain in the warehouse, in presence 
of the officers, during the legal hours of business, for the purpose of inspecting such 
goods, or making lawful arrangements thereof, as may be necessary for the security or. sale 
of the same. Provided that no alterations be made which may tend to lessen the duties 
or obstruct the officers in keeping a true account thereof. 

If the quantify of goods, subject to excise, which, at the expiration of one year from 
the date of the bond, shall have been delivered out for home-consumption, added to the 
quantity which, within the like period, have been exported, shall be short of the actual 
quantity ascertained at the time of importation, the importer is required immediately to 
pay the whole of the duties so deficient, upon which the bond entered into for the due 
payment of the Excise duties will be cancelled. 

The officers of Customs and Excise may take an account of all coffee and cocoa-nuts 
which shall be remaining in any warehouse before payment of the duties ; and if such 
coffee or cocoa-nuts shall not be cleared for home consumption or for exportation, within 
one year after taking such account, the Commissioners of Customs may order the same to 
be sold for payment of the duties and charges, with surplus to the propiietor. But, if a 
price cannot be obtained equal to the amount of the duties, the goods are to be destroyed 
as before mentioned. 

Persons obstructing officers of Excise in the execution of powers granted by this act, 
are subject to the penalty of 200/. 

The regulations of former acts respecting tea, tobacco, snuff, and spirits, where not re¬ 
pugnant to the present act, continue in full force, as well as the provisions of former acts 
respecting the laws of Excise, not being hereby expressly repealed or altered. 

PORTUGAL WINE. Under restrictions similar to those in the act of which the above 
is an abstract, by the 43 Geo. III. c. 103, Portugal wine imported after June 15, 1803, 
directly from Portugal, in British ships, or vessels belonging to persons of any state in 
amity with Great Britain, or in vessels authorized by his Majesty’s order in council, or 
from the islands of Guernsey and Jersey, into the ports hereafter enumerated, may be 
landed and warehoused before the payment of any duty be made. 

The ports into which Portugal wines are permitted to be landed and warehoused without 
payment of duty are, London, Liverpool, Lancaster, Bristol, Hull, Chester, C< Ichester, 
Exeter, Plymouth, Southampton, Weymouth, Gloucester, Poole, Portsmouth, Great 
Yarmouth, Lynn, Dover, Newcastle, Falmouth, Dartmouth, Ipswich, Newhaven, Ro¬ 
chester, Leitli, Aberdeen, Greenock, Port Glasgow, Dublin, Drogheda, Dundalk, New- 
ry, Belfast, Galway, Limerick, Londonderry, Cork, Waterford, Sligo, New Ross, 
Yougliail, and Wexford. But no importer or proprietor shall be allowed the benefit of 
this act unless the wine arrives in port before Nov. 10, 1803, or unless it be made appear 
that it was shipped in Portugal before October 15, 1803, and it be landed in the follow¬ 
ing quantities, viz. In London, not less than 50 pipes, or reputed pipes, of red, or 15 
pipes of white wine; or at any of the other ports, excepting in Ireland, not less than 25 
pipes of red, or 10 pipes of white wine. 

His Majesty may, by order in council, permit w r ine to be secured as above, in any 
other port than those enumerated. 

Any less quantifies than those above specified may be deposited, provided the whole 
quantity be warehoused within the time limited, otherwise the duties' shall be immediately 
paid, or the w ine may be sold for their discharge. 

Vessels arriving with wine at a port not enumerated, may remove to one, and there 
land it. 

Before any cask of wine be warehoused, the number and content shall be cut in the 
head, under the inspection of the proper officers. 

• When warehoused, it is subject to various regulations suited equally to the convenience 
of the merchant and the security of the revenue. When delivered out, it is not per¬ 
mitted to be taken, except in Ireland, in less than 10 pipes at any one time, and the duties 
paid accordingly. , 

Wine remaining warehoused more than two years shall be sold, and the proceeds ap¬ 
plied for defraying the duties and charges. If insufficient to satisfy the duties, &c. the 
deficiency is to be paid by the importer. 

Penalty for forging or altering any entry, warrant, or permit, 500/. 


INTRODUCTION. 


XL 


It may also beobservetTthat, by the 35 Geo. III. c.'l 18. and 36 Geo. III. c. 82. theoffi- 
cers of the Customs are authorized to convey to his Majesty’s warehouses, for security of 
the duties, any vine not regularly entered within 20 days from the time of the master 
making his report at the Custom-house. Wine not removed from the quays in 10 days 
after landing, may also be warehoused, and before delivery thereout, the duty, and 6d. 
per cask warehouse-rent, with charges of removal, to be paid, and if not removed from 
the warehouse in three months, it may be sold to defray the duties, Sec. 

NEW ORLEANS— American States. Doubtshaving arisen whether, according 
to the provisions of the act of 37 Geo. III. c. 97. made for carrying into execution the 
Treaty of Amity and Commerce with the United States, goods, the produce of the West¬ 
ern States of America, within the territories of the United States, could be legally im¬ 
ported from New Orleans, in American ships, according to the directions of the act 
above mentioned, it has been determined by the 43 Geo. III. c. 128. § 4. that goods, 
See. may be imported from that place in vessels of the built of the United States, navi¬ 
gated accordinf to the directions of that act. 

PRIZE GOODS. The act 43 Geo. III. c. 134. is a renewal and emendation of the 
act for the relief of Captors of Prizes, of which the operation was to have ceased on the 
1st of January, 1804, but which is now to be continued during hostilities. By this act, 
prize wine or vinegar, which formerly paid on warehousing a duly of 3/. per tun, uays 
but 2l. The other duties, Sec. are as given in the work. 

NEUTRAL SHIPS, &c. By the 43 Geo. III. c. 153. from' the 12th of August, 
1803, and until six months after the ratification of a definitive treaty of peace, pitch and 
tar, deal boards, fir, and timber, may be imported from any of the ports of Germany, in 
British or Irish ships, legally navigated, subject to such duties as the same would be 
liable to before the passing of this act, if otherwise legally imported. This act also 
permits Flax or Flax-seed, and zvool of all sorts, to be imported in any vessel of 
any country in amity with Great Britain; anil, into Ireland, all sorts of barilla, Je¬ 
suit’s bark, linen yarn, hemp, indigo, cochineal, wool, and cotton wool. Provided, 
that all goods imported in foreign ships shall be subject to the aliens duties. 

His Majesty may also by order in council permit the importation of other goods in 
such vessels, on the like conditions ; or from any place not in amity in ships belonging 
to any country in amity with Great Britain. > 

For the conditions on which goods may be imported from the Levant seas, by the 
Turkey company, Sec. See the Navigation Acts in the “ Shipm aster’s Assistant.” 

LIGNUM QUASSIA. Since the printing of the following tables, an additional duty 
of Customs has been imposed on the importation of lignum quassia, ofj£2,16."0. per 
cwt. to take place from the 10th Oct. 1803, 


ERRATA IN THE CUSTOM DUTIES. 

The * has by accident been omitted to be prefixed to several articles. But this omis¬ 
sion may be readily corrected by referring to the word Convoy-Duty, in the alphabet. 
Erase in page 13, line 19, the words “ turnery and musical instruments*” 


II. EXCISE. 

The former duties of Excise ceased with the former Custom-duties, on the 5th of July 
1803, by the act for the consolidation of the Excise-duties 43'Geo.III. c. 69 ; and were 
then succeeded by the duties in the following tables. But this act does not extend to 
the repeal of the duties upon malt, mum, cyder, and perry, granted by annual acts, 
nor those upon malt, tobacco, and snuff, by the act for “ continuing ana granting to his 
Majesty a duty on pensions ,” &c. nor to the countervailing duties on importation from 
Ireland, &c. under the act of Union, excepting on certain articles. 

In all cases where a duty of Excise is imposed on any specific quantity, it is to be 
understood, as with respect to Custom-duties, that the same applies, after, the same 
rate, to any greater or less quantity. 






Xll 


INTRODUCTION. 


The 43 Geo. III. c. 81. has since imposed the additional duties of which a separate 
table is given hr .rafter, and of which the payment, in general cases, also commences 
on the 5th July, 1803. These duties are to be paid until twelve months after the ratifi¬ 
cation of a definitive treaty of peace, and as the more permanent duties. To these du¬ 
ties, all wines taken and condemned as prize , when taken out from warehouses for 
home consumption, are subject. 

The regulations respecting goods permitted to he warehoused, for a certain time, 
without payment of the duties of Customs and Excise payable on importation, by 43 
Geo. III. c. 132. will be found in the foregoing abstracts of acts relating to the Customs, 
under the head o (goods permitted to be warehoused. To these may be added the purport 
of the clauses of the act 43 Geo. III. c. 129, viz. That the certificate of landing tea ia 
Ireland shall be left with the collector within two months after the dale of the bond 
given for exportation ; that from the the 1st Sept. 1803, on delivery out of warehouse, 
according to 10 Geo. I. c. 10. of any coffee, tea, or cocoa nuts, a particular permit 
shall be given; that if cofFec be not removed and delivered within the rime limited, it 
shall be deemed removed without permit; and, that any commodity found in the pos¬ 
session of any dealer, in imitation of coffee, shall be forfeited. By § 5, if any article 
prepared for the purpose of resembling coffee or cocoa be found after the 1st Sept. IS03, 
in the possession of any dealer, or shall be called by him English or British coffee, &c. 
it shall be forfeited, and the dealer shall also forfeit the sum of one hundred pounds. 

The last act which at all affects the duties of Excise is the 43 Geo. III. c. 145. entitled 
An Act for more effectually securing certain duties on malt, and for preventing fraud by 
makers of malt from beer or bigg in Scotland ; but this act does not in any wise affect 
the payment of the duties. 


ERRATA IN THE TABLE OF BOUNTIES. 

Page 108, note 28—For continued , &c. read discontinued by 43 Geo. III. c. 29. 
-110, 4th line of figures, for 1$. read 2,y. 


CUSTOM- 




CUSTOM-DUTIES AND DRAWBACKS, 


WITH THE 

IMPORTATION-LAWS OF FA'FRY ARTICLE. 


Those articles , to which a is prefixed, pay likewise 43 Geo. III. c. 70.) an ad¬ 
dition of one-eighth more, or Jt 12 10s. per cent, on the amount of the duty, until six 
months after the expiration of the zi ar, by the ratification of a definitive treaty of peace. 
[.See farther the article Convoy-Duty.] But those articles, to which that mark is not 
prefixed, are either free of this additional duty, or pay an addition upon the quantity , 
as specified under each. 




Dutv 

■ ■ i 

Drawback. 

IMPORTS. 


£ 

s. 

d. 

£ 

s. 

d. 

*ACACIA _ _ _ — 

— per lb. 

0 

1 

0 

0 

0 

6 

Acetosella Sal. See Sal , 








*Acorus — — — ■— — 

— per lb. 

0 

0 

3 

0 

0 

2 

*Adianthutn — — — — 

— per lb. 

0 

0 

3 

0 

0 

1 

. Africa; for import-regulations, see Asia. 







* Agaric — — — — — 

— per cw(. 

1 

3 

4 




*Agates, polished, or otherwise manufactured. 








per cent, ad val. 

35 

0 

0 

25 

0 

0 

* -rough and unmanufactured 

per cent, ad val. 

20 

0 

0 

15 

0^ 

0 

Alderney, Isle of. [1] 








*Ale (subject also to excise), — per 

barr. of 32 gall. 

0 

8 

6 

0 

6 

0 

*Alkuli. not otherwise enumerated or described, 








per cent, ad val. 

20 

0 

0 

15 

0 

0 

*Alkanel-root — — — — 

— per lb. 

0 

0 

4 

0 

0 

2 

*Alkekengi baccae — — — 

— per lb. 

0 

0 

4 

0 

0 

2 

*Alkermes confectio — — — 

per oz. troy 

0 

0 

11 

0 

0 

6 

*-«-syrup — — — 

— per lb. 

0 

1 

4 

0 

0 

8 

*Almond paste — — — — 

per cent, ad val. 

35 

0 

0 

25 

0 

0 

*- bitter — — — — 

— per czvt. 

0 

17 

8 

0 

9 

4 

* - Jordan . — — — — 

— per czvt. 

2 

18 

0 

2 

3 

3 

*- of any other sort — — 

— per czvt. 

1 

8 

6 

1 

1 

8 

* - Jordan, or any other sort, imported by the East 







India Co. duty on warehousing. 

per cent. ad val. 

2 

0 

0 



- — ■ home consumption duty. 

— per czvt. 

2 

18 

0 




{r’Jr * 1 See Grocery , and East India Goods imported. 







Almonds, oil of. See Oil. 








*Aloes socotrina, from place of growth 

per lb. 

0 

1 

4 

0 

0 

9 

*--—, not from place of growth — per lb. 

0 

4 

0 

0 

2 

4 

*- > of any other sort — 

— per lb. 

0 

0 

8 

0 

0 

4 


IMPORT-LAWS. 

[1] Goods, the growth, produce, or manufacture of Alderney, Guernsey, Jersey, 
and Sark (excepting slate and stones, not being burr-stones or stones for paving), 
may be imported into Great Britain, by the inhabitants of those islands, free of 
duty, under certificate of the Governor, &c. by 3 Geo. I. c. 4. &.c. But they will be 
subject to the inland duties of Excise, &c. as on British Goods, Salt, however, is 
prohibited by 38 Geo, III. c. 89. See the note on Salt , 


Aloes, 


















2 


CUSTOM-DUTIES. DRAWBACKS, AND IMPORT-LAWS. 


Duty. 


IMPORTS. 

* Aloes socotorina, imparted by East India Co. duty on 
warehousing ; — per cent, ad val. 

- f home consumption duty, per U>. 

-of any other sort, home-consumption duty per lb. 

See East-India Goode imported. 


£ s. d. 

2 o a 

0 1 4 

0 0 8 


Drawback. 

£. s. <4 


*Alum — — — — — — per cad. 

-, imported by East India Co. duty on warehousing, 

per cent, ad val. 

- ? home consumption duty, pe> lb. 

* -, roch — — — — — per czot. 

* -, plume — — — — — per lb. 

Amber, not otherwise described — per cent, ad val, 
-, imported by East-India Co. duty on warehousing, 

pjer cent, ad val. 

---, home consumption duty, per cent, ad val. 

■ -, rough — — — — — per lb, 

-, imported by East-India Co. duty on ware¬ 
housing, — — per cent, ad val. 

-, homerconsumption duty — per lb. 

See 22 ast*India Goode imported. 
^Amber-beads ' — — —; — — per lb,' 

-, oil of. See Oil. 

* Ambergris, black or grey — — per oz. troy 

* - f imported by East-India Co. duty on ware¬ 

housing, - — — per cent, ad val. 

----■, home -cob sumption duty, per oz. troy 

{£ p* See East-India Goods imported, 

*Ambra liquida — — — — — per lb. 

*Ammi-seed — — — — — per lb, 

Amemca. [2] . 

American States. [3] 


0 10 

2 0 
0 0 
0 4 
0 0 
35 0 

2 0 
50 0 
0 0 

2 0 
■ 0 0 

0 6 

0 2 

2 0 
0 2 

0 3 
0 0 


6 

0 6 ! 

0 

8 


6 

0 2 

2 

0 0 

0 

25 0 

0 

„ , _ 

0 

— 

9 

0 0 

0 

_— 

9 

. 

0 

0 4 

6 

o 

0 1 

u 

6 

2 

0 1 

3 

0 0 


IMPORT-LAWS. 

[2] The import-regulations of American goods, generally, will be found under the 
article Asia: for those of the United States of America, see American States.— At 
this place, however, it is right to mention, that, by the 42 Geo. III. c. 80. it is 
enacted that, from 1 Sept. 1802, until 1 Jaii. 1804, under orderxh Council , a*ny goods 
or commodities whatsoever, excepting tobacco, snuff, and rice, the produce of any 
part of America or the West Indies, not under the doirhnion of his Majesty, may be 
imported in any ship or vessel belonging to persons of any country in amity with 
Great Britain, not being of less than 100 tons burthen, and navigated in any manner 
whatsoever; or in any British built ship or vessel, owned, registered, and navigated 
according to law. The same to be landed and secured in warehouses under the joint 
locks of his Majesty and of the proprietors thereof, at the risk and expence of the 
proprietors. Such warehouses to be approved of by the commissioners of the cus¬ 
toms, or of the principal officers of the port w here such goods shall be imported, 
and to be regulated for the benefit of the proprietors by the commissioners. Goods, 
so warehoused, shall not be removed thence but for the purpose of being re-ex- 
ported, on due entry being made, to foreign parts. 

By 42 Geo. III. c. 93, goods imported in British vessels from any British colony 
in, or the United States of, America, may be sold by auction, free of auetjon-^uty, 
<on thg./w* sale for the original importer , if within - twelve months from the time of 
importation. 

[3] The 37 Geo. III. c f 97, made for carrying into effect the Treaty of Commerce, 
placed the American States under certain regulations of import and export, and ren¬ 
dered their goods liable to certain specified duties. The general regulations are 
these: 1. Goods, wares, and merchandize, the growth, product, or manufacture of 
American States, (not prohibited to be imported from foreign countries), may be 
imported in British-built ships, legally navigated) or in American-built ships, or in 























CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 3 


IMPORTS. 

Ammunition. See Arms. 

*Anaeardium —' — — -— - — p er jp; 
♦Anchor-stocks, from* Europe, in British built ships each 

* -in foreign ships — — each 

* -> from British colonies in America, each 

-, from American States, in British ships each 

;--, in American ships each 

See the note oh Wood from America. 
♦Anchovies ( See lush) — — — per lb. 


Duty. 


£ 

s. 

d. 

£ 

s. 

d. 

0 

1 

0 

0 

0 

6 

0 

5 

o 

0 

3 

3 

0 

5 

4 

0 

3 

3 

0 

0 

6 


— 


0 

0 

6 




0 

1 

0 




0 

0 

3 

0 

,o. 

2 


Drawback. 


Andirons 


IMPORT-LAWS. 

prize-ships taken by American subjects, and regularly condemned, owned by sub¬ 
jects of the United States, and whereof the master and three-fourths of the mariners 
are Americans, paying the following duties:—2. All such goods (except those par¬ 
ticularly enumerated hereafter) may be landed upon payment of such (the lowest) 
duties as are payable for the same, when imported from foreign countries in British 
ships j and also upon payment-of the countervailing duty, when imported in Ame¬ 
rican ships.—3. Pig-iron, bar-iron, pitch, tar, turpentine, rosin, pot-ash, pearl-ash, 
mahogany, masts, yards, bowsprits, and all staves, and unmanufactured goods and 
merchandize (notprohibited from foreign countries), may be imported, upon paying 
such customs and excise as are payable for the same, when imported in British ships 
with certificate from British plantations in America ; and also upon payment of the 
countervailing duties, when imported in American ships.—4. Upon importation of 
wheat, wheat meal or flour, rye, barley, beer or bigg, oats, oatmeal, pease, beans, 
Indian corn, and maize,, the duties payable are to be regulated according to the 
prices at the port of importation, as particularized under those articles respectively. 
— 5. Oil, from fish, blubber, whale-fins, spermaceti, may be imported, on paying 
the .same duties as on importation in British ships, from countries hot under the do¬ 
minion of Great Britain; ami also upon payment of the countervailing duties, when 
imported in American ships.—6. Tobacco may be imported on paying the same 
duties of customs and excise, as when imported' by British subjects from British 
plantations in America; and snuff, upon payment of the-same duties as snuff, the 
manufacture of Europe, when imported from. Europe ;* tobacco and snuff paying also 
the countervailing duties, when imported in American ships.—7. Rice, imported, 
may be warehoused at. 8d. per cwt. and bond given for the remainder of the duties 
in 18 months, as more particularly explained under the article Rice. —8. Upon ex¬ 
portation of American goods from Great Britain, the same drawbacks are allowed 
as upon similar goods, when exported to foreign countries; and, on exportation of 
goods to America, the same drawbacks and bounties as on exportation to British co¬ 
lonies.—9. The drawback on foreign hemp and foreign iron, exported to British 
colonies and to the United States of America, is to be the same as on exportation 
to other foreign parts. 

The Countervailing Duties, which were payable under the act abovementioned on 
the importation of American goods in American ships (and which were additional to 
the duties payable on importation in British ships), were calculated thus, viz. on pig- 
iron, bar-iron, pot-ash, pearl-ash, 10 per cent, on the custom-duties payable when 
imported from British colonies in America, unaccompanied by certificate: on pitch, 
tar, turpentine, rosin, masts, yards, bowsprits, and unmanufactured goods and merchandize 
(except wood, staves, and tobacco), 10 per cent, on the custom-duties payable when 
imported from British colonies in America; on ail unmanufactured wood and staver, 
10 per cent, on the custom-duties payable when imported from Europe in British ships: 
on oil of fish> blubber, whale-fins, and spermaceti, 10 per cent, on the custom-duties 
payable when imported from countries not under the dominion of Great Britain: 
on iobacco. Is. fid. per lOOlbs. weight: and on all other American goods, 10 percent, 
on the custom-duties payable for the same, when imported in British-built vessels 
from American States. These countervailing duties were calculated upon the se¬ 
veral duties of customs, as they stood previously to the act of the 37 Geo. III. c. 15. 
and could not therefore be affected, in calculation, by new duties. But the Con¬ 
solidation Act, 43 Geo. III. c, 68. has placed the whole of the duties on .goods and 

B 2 merchandize 










4 


CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS 


IMPORTS. 

Andirons. [4] 

* Angelica — — — j. 

* Aniseeds — — — 

{£|r* See Grocery. 

•Annotto. — — — 

# Antimonium eruduru — — — 

* -preparatum, or stibium, 

* Apples — — — — — 

* -, dried — — — — 

*Aqna-fortis — — — — 

"Aqua Vita*. See Spirits. 

Arangoes. See Arrungoes. 

*Archtlia, or Orchelia — — — 

* Argentum sublime, or quicksilver — 
-, imported by East India Co. duty on 

warehousing, per cent, ad val. 

--- -, home consumption duty, per ib. 

{£jr* See East-India Goods imported. 

*ArgoI, or Argoil — — — — per czct. 

*Aristolochia — — — — — per lb. 

* Arms. [.')J 

* Arquebusade. Sec Spirits. — —- per pull. 

*Arrack, imported by the East-India Company, duty on 

- w arehousing, — — per cent, ad val. 

-—, home consumption duty — per pall. 

£j=* Subject also to Excise. See Spirits, and also East- 
India Goods imported. 

*Arrangoes [6] Imported under licence per cent, ad val. 

* -, imported by the East-India Company, duty on 

warehousing, — — per cent, ad val. 

home consumption duty per cent, ad val. 
Arrangoe Beads, imported by the East India Company, 
duty on warehousing per cent, ad vat. 


— per lb.' 

— per cu t. 

— per cut. 

— per cxvt. 

—per lb. 

per bushel 
—• per bushel 

— per cict. 


per act. 
per lb. 


Duty. 
£ s. d. 

0 0 3 
1 7 9 

1 3 4 

0 6.8 
0 0 2 
0 ^2 0 
0 4 0 
0 8 4 


0 5 0 
0 1 0 

2 0 0 
0 10 

0 2 4 
0 0 4 

0 3 4 

2 0 0 
0 1 1 


2 0 0 

2 0 0 
52 10 0 

2 0 0 


Drawback 
£ s. d. 

0 0 2 
I 1 8 


0 0 1 


0 0 6 

0 0 2 
0 2 6 


merchandize from the American States, and on shipping according to the tonnage 
thereof (see To.nsaue Duty), under the new arrangement shewn in the tables. 
This act enacts, that the whole of the duties which it imposes shall continue in force 
during the continuance of the act above-mentioned, 37 Geo. Ill. c. 97. and no 
longer. 

By this act, all goods, wares, and merchandize of the United States, not being 
particularly enumerated or described in the table of duties (and not prohibited to be 
used in Great. Britain) upon being imported directly thence in British ships, legally 
navigated, may be entered and landed upon payment of the low'est duties payable 
upon goods of the like denomination imported in British-built ships from any other 
foreign country : and, if imported directly from the United States in American vessels 
ujvon payment of 101. for every 1001. of the amount of the several duties payable 
on the importation of the like goods so imported in British-built ships or vessels. 

If any goods so imported shall be permitted to be warehoused by virtue of any 
.acts in force at the time of importation without payment of the duties, then the ad- 
.ditional duties shall not (unless by order of council) be payable until such goods a^e 
taken out for the purpose of being used or consumed in Great Britain. 

[4J Andirons, tennis-balls, and other articles hereafter enumerated in the alpha¬ 
betical arrangement, and referred to this, are not importable for sale , except made 
in Ireland,,taken on the seas, or wrecked, on penalty of forfeiture: 3 Ed. IV. c. 4. 

[5] Arms, ammunition, gunpowder, and utensils of war, may not be imported by 
'.reap of merchandize, without licence from his Majesty, under forfeiture of treble 
their value; I das, II. c. 8.-But dress-stoords for gentlemen to wear do not fall within 
this prohibition. 

^ ft>J The conditions and restrictions under which arrangoes may be imported, are 
contained iu 5 Geo. 111. c. 30. See note on East India Goods prohibited. 


Arrangoes 













CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS 5 


IMPORTS. 

-, home consumption duty per cent, ad val. 

See -East India goods imported, and also East Indiu 
goods prohibited. — — -— 

^Arrow-root, — — — — — per lb. 

* -, from British Colonies in America per lb. 

* -, from American States in British built ships 

per lb. 

but in American, pay additional, per 100 lbs. 
*Arsenic, white or yellow, or Rosalgar, — per czvt. 
*Asa-fcetida', from place of growth, — per lb. 

—----, from any other place, — per lb. 

-, imported by the East India Company, duty 

on warehousing, — per cent, ad val. 

-, home consumption duty per lb. 

East India goods, imported. 

* Asa rum-roots — — — — per lb. 

* Ashes, feehia — — — — — per cwt. 

-pearl and pot [7] — — — per czvt. 

-of the British plantations in America, and im¬ 
ported from thence . — — ' per czvt. 

-from American States British-built ships per czvt. 

but in American — — — per czvt. 

* - , soap, weed, and wood —• — per czvt. 

-, not otherwise described — per cent. ad. val. 

Asia. [8] 

*Asphaltus — — — — — per lb. 

* Asses — — — — per cent. ad. val. 

Aurentiorum Cortex. See Limonum, in Cortex. 
Auripigmenturn. See Orpiment. 

Azores. See Spain. 


Duty 


Draw back. 

£ 

S. 

d. 

£ 

s. 

d. 

52 

10 

0 




0 

0 

2 




0 

0 

1 




0 

0 

1 




0 

0 

10 




0 

7 

6 




0 

0 

4 

0 

0 

2 

0 

1 

0 

0 

0 

6 

2 

0 

0 




0 

0 

4 




0 

0 

4 

o 

0 

2 

0 

4 

6 

0 

o 

0 

0 

3 

6 




0 

1 

0 




0 

1 

0 




0 

1 

4 

— 


0 

1 

0 




20 

0 

0 

15 

0 

0 

0 

0 

4 

0 

0 

3 

35 

0 

0 

25 

0 

6 


* IMPORT LAWS. 

f7] Pot-ashes are not importable from Germany or the Netherlands, upon for¬ 
feiture of them and the vessel, 13 and 14 Car. II. c. 11. And, from other places, 
•uly in British-built ships; or in British ships owned by British subjects; or in ships 
built of the same country as the goods; or of some country in Europe belonging to 
the sovereign of that European country of which the goods are the produce; or of 
the usual ports of shipping for transportation; all legally navigated; otherwise they 
and the vessel are forfeited. 12 Car. II. c. 18, and 27 Geo. III. c. 19. 

[8] Asia. The general fegii ations for the import of goods of Asia, Africa, and 
America, (not being British plantations,) are extremely short; but the exceptions 
from those regulations are numerous. The general navigation law is, that the goods, 
wares, and merchandises, of those countries are importable only in British built 
ships, or in British ships owned by British subjects, legally navigated, from the place 
of their growth, production, or manufacture, or from the usual ports of shipping 
them for transportation; (12 Car. II. c. 18;) and that, if manufactured in foreign 
parts, they may not be imported, unless they shall have been so manufactured in the 
country or place pf which the goods are the growth and product, under forfeiture of 
goods and vessel; 19 Geo. III. c. 48. This general rule is relaxed, however, in favour 
of many articles, the particular import-regulations for which may be found under 
their respective names in tin; alphabetical arrangement: such, for instance, as oil of 
mace, gum-senega, cochineal, diamonds , &c. &c. It is likewise modified with respect to 
certain articles from particular places, as may be seen under the articles, American 
States; Azores; Canaries; East Indies; Madeiras; Morocco; Persia; Por¬ 
tugal; Russia; Spain; Streiohts; Turkey; Quebec. Such being the exemptions 
jn favour of particular places and goods, it is only necessary to consult those heads, 
and the additional one of Plantations, British, in order to have a perfect knowledge 
of the shipping-laws which regulate the commercial intercourse of Great Britain 
with Asia, Africa, and America. 

# Auriculae, 

















6 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


IMPORTS. 

B. 

♦Baccse Alkekengi — — — — per lb. 

♦Bacon (See Provisions) — — : — per civt. 

♦Badger skins,undressed, (See Skins,) — per skin 

♦Balustia — —, — — per Lb. 

♦Balks, 5 inches square, and under 8 inches, or if 24 feet 
long or upwards, from Europe, in British-built 


ships 


in foreign ships — 


—, under 5- inches square, and under 24 
from Europe, in British-built ships, 
in foreign ships 


per 120 
per 120 
feet long, 
per 120 
per 120 


per. lb. 
p> r Lb. 


* -, of ali sorts, under. 8 inches square, .from British 

Colonies in America — — per 120 

•-, from American States, in British ships per 120 

-- ■■■ -, in American ships — per 120 

See the note on Wood ft om America. 

Balls, tennis not import, for sale. See Andirons. 

* -, washing — — -j_ _ 

Balm of Gilead. See Balsam Natural . 

♦Balsam, artificial — — — 

* -—, imported by the East In. Co.-duty on 

warehousing, — per cent. ad. vaL 

■ - , home consumption duty, per lb. 

See Bast India Goods imported., 

* -, natural — — — — per lb. 

* --, impoided by the East India Co. duty on 

warehousing, — per cent. ad. vat. 

home consumption duty, per lb. 

per lb. 
per Lb. 


2 ^ See Bast India Goods imported. 

Canada, — — — — 

Copaivoe, or Copaiba 


not otherwise described 


per cent. ad. val. 


♦Band-strings, foreign. [9] 

Band-string-twist[10] — — perdoz. knots 

♦Barbadoes tar — — — — — per lb. 

♦Barilla — — — — — per czvt. 

Bark, Jesuits. See Cortex Peruvianas. 

-, Oak. See Oak Bark. For- the other species of Bark, 

see also the respective names. 

•Barley, Beer, or Bigg, when the price at the place of im¬ 
portation shall be under 23s. per quarter per guar. 

- , at or above 25s. and under 27s. — per guar. 

— -, at or above 27s. — —• — per guar. 

* --, when imported from Ireland, or British colonies, 

if under 24s per quarter, per gr, 

-, at or above 24s. and under 2<?s. per. gr. 

-, at or above 26s. per quarter, per gr. 

* - } from American States —when the price at the 

place of importation shall be under 25s. per quar¬ 
ter. In British built ships — per guar. 

in American ships, — per guar. 
———, at 25s. and under 27s. in British built ships 

per guar. 

--but, in American,' pay additional, 

per 100 guars. 


Duty. 

Drawback, 

£ 

0. 

d. 

£■ s. 

d. 

0 

0 

4 

0 0. 

2 

2 

16 

0 



0 

0 

10 

0 0 

6 

0 

0 

4 

0 0 

O 

At 

7 

IO 

0 

3 17 

0 

7. 

12 

6 

3 17 

0 

2 

15 

8 

1 10 

11 

2 

16 

8 

1 10 

li 

0 

10 

0 



0 

10 

0 



1 

0 

0 



0 

0 

8 

—— 


0 

2 

0 

D l 


2 

0 

0 

- ■ , 


0 

2 

0 

T— 


0 

1 

9 

0 } 

O 

2 

0 

0 

, 


0 

1 

9 

—— 


0 

0 

6 

0 0 

2 

0 

1 

2 

0 0 

6 

35 

0 

0 

25 0 

0 

0 

2 

9 

0 2 

0 

0 

0 

2 

0 0 

1 

0 

7 

$ 

0 5 

0 

1 

2 

0 



0 

1 

3 

--- 


0 

0 

3 

—— 


1 

2 

0 



0 

1 

3 



0 

0 

3 

-—- 


1 

2 

0 



1 

4 

4 

■- 


0 

1 

3 

.. - 



0 12 6 


IMPORT LAWS. 

[9] Prohibited to be imported, under penalty of forfeiture and 1001. 13 and 14 
Car. II. c. 13. 

FIO] By established practice, the knot is charged at 32 yards. 

v Barley, 



































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT LAWS. 7 


IMPORT LAWS. 

•Barley, beer, or bigg, from American States , at, or above 
27s. per quarter, in British built 
ships — —- per qtar. 

•— - ---but, in American, pay addi¬ 
tional, per 100 quurs. 


{£3* See Corn and Provisions. 

-, ground, is prohibited. S ee&Corn^ ground. 


hulled, or Pearl-barley 
Barrass, Dutch. See Canvas. 


per czvt. 
per bundle , 


♦Basket-rods, S feet about at the band, 

♦Baskets, hand. See Hanti-baskets. 

-, wicker ^ ^ per cent. ad. vale 

Basons of M arble. See Stones. 

-, counterfeit; not importable/or sale. See Andirons. 

♦Bast or straw hats or bonnets, [11] each not more than 22 
inches diameter — — per doz. 

-, exceeding 22 inches diameter, per doz. 

♦Bast or straw, to make hats or bonnets, [11J per lb. 

♦Bast ropes — — — — — per etc/. 

♦Battens, 8 feet and not exceeding 20 feet in length, not 
above 7 inches wide, and not exceeding 2] inches 
thick, from Europe, in British-built ships per 120 
♦--, in foreign ships — ■— per 120 

* -, exceeding 20 feet in length, not above 7 inches 

wide, or if exceeding 2| inches thick, from Europe, 
in British-built ships — — per 120 

* - f in foreign ships — — per 120 

* -, of all sorts from American States , in British-built 

ships — — — — per 120 

in American ships — — per \ 20 


$3? See the note on Wood from America. 
•Battens and Batten-ends of all sorts, of the British Co¬ 
lonies in America, imported di¬ 
rectly thence — per 120 
•Batten-ends, under 8 feet long, not above 7 inches wide, 
and not above 2| inches thick, from Europe, 
in British-built ships — — per 120 

—:-, in foreign ships — — per 120 

• - --, under 8 feet long, not above 7 inches wide, 

and exceeding 2| inches thick, from Eu¬ 
rope, in British-built ships per 120 
in foreign ships — per 120 




of all sorts, from American States , in Bri¬ 


tish-built ships — 

in American ships 


See the note on Wood from America. 
•Battery — — — — — — 

♦Bay-berries — — — — — 

Bay or Myrtle Wax. See Wax. 

-Yarn. See Woollen Yarn. 

♦■Bdellium, from place of growth — — 

*-, if not from place of growth — 


per 120 
per 120- 

per cwt. 
per cxvt. 


per lb. 
per lb. 


Dutj 

r » 

Drawback. 

£ 

s. 

d. 

£ 

s. d. 

0 

0 

3 



0 

2 

6 


— 

0 

10 

6 

0 

6 0 

0 

1 

10 

0 

1 4 

35 

0 

0 

25 

0 0 

0 

6 

0 



0 

12 

0 



0 

3 

6 

- . 

0 

2 

4 

1 



3 

5 

0 

1 

18 6 

3 

6 

6 

1 

18 6 

6 

10 

0 

3 

17 0 

6 

12 

6 

3 

17 0 

-o 

5 

0 



0 

15 

0 



0 

5 

0 



1 

1 

10 

0 

12 10 

1 

2 

6 

0 12 10 

2 

4 

6 

1 

5 a 

2 

5 

6 

1 

5 a 

0 

5 

0 



0 

15 

0 



2 

17 

2 

2 

o a 

0 

6 

2 

—— 

0 

0 

4 

0 

0 2 

0 

1 

0 

0 

0 6 


IMPORT LAWS. 

[11] Hats or bonnets of bast or straw, and the bast or straw plaiting for making 
them, are importable only into London; and not there, unless in packages of 75 
dozen hats, or of 2241bs. of plaiting, on forfeiture of the same, or the value; and 
the yessel also, if not above 50 tons: 10 Geo. Ill, c. 43. 

Bdellium* 

























CUSTOM-DUTIES, DRAW-BACKS, AND IMTORT-LAW3. 


IMPORTS. 

•Bdellium, imported by the £ast-India Company, 

duty on warehousing ' ' ' — per cent, ad val. 

-, home consumption duty — — per lb. 

See East-india Goods imported. 

Beads, of Amber, Coral, &c. See /imber, Coral , &v. 

* - } not otherwise described, imported by East India 

Company, duty on warehousing, per cent, adval. 

-home consumption duty ' per cent, ad val. 

♦Beans, when the price at the place of importation shall be 
under 34 s. per quar. — — per quar. 

-, at or above 34 s. but under 37 s. — per quar. 

- -, at or above 37 s. *— — — per quar. 

-, when imported from Ireland or British colonies, 

if under 32 s. per quar. — per quar. 

—--, if 32 s. but under 35 s. — per quar. 

-, if at or above 35 s. — — per quar. 

,——— from American States .—When the price at theplace 
of importation shall be under 34s. per quar. 

In British built ships — per quar. 

In American ships — per quar. 

-at 34s. and under 37s. In British ships per quar. 

In American ships per quar. 

.-at?or above 57 s. per quarter. In British ships 

— — — — per quar. 

But, in American, pay additional per 100 quar. 
See Corn; and Provisions. 

-, ground, are prohibited. See Corn, Ground , and 

Provisions 

-, Kidney or French. See Provisions 

♦Bear-skins, undressed — — . — per skin 

See Skins 

♦Beaver-skins, undressed — — — per skin 

-, from British dominions in America,per skin 

See Skins 

. .. , from American States, in British built ships 

— — — — per skin 

But, in American, pay additional, 

per 100 skins 
per lb. 


♦Beaver wool 

♦_ 


-, cut and combed, except combed in Russia, 

and imported thence in Britssh-built ships 

Beds. See Feathers for Beds ^ 

Beef. See Cattle , great and Provisions. 

♦Beech-boards, from Europe, under 2 inch, thick, and under 
15 feet long, in British-built ships per 120 

* - } j n foreign ships — — per 120 

* -, under 2 inches thick, if 15 feet or upwards 

long, in British-built ships — per 120 

* ---, in foreign ships — — ~ per 120 

See Boards 

♦Beech-plank, from Europe, 2 inches or more thick, in Bri¬ 
tish-built ships, per load of 50 cubic feet 

* -- in foreign ships — — per load 

* -, of all sorts, from British Colonies in Ame¬ 

rica — — — per 120 

* - - — — — A - } of all sorts, from American States , in Bri¬ 

tish built ships — per 120 

—-, in American ships per 120 


Duty. 

£. s. d. 

2 0 0 
0 0 4 


2 0 0 
50 0 0 


1 2 
0 1 
0 0 


0 1 
0 1 

0 0 
0 2 


1 2 0 
0 1 6 
0 0 3 


0 7 6 

0 1 0 
0 0 3 


0 0 3 

0 2 6 
0 1 0 


1 1 0 


2 15 0 
2 17 6 

5 10 0 
5 12 6 


1 10 0 
1 10 6 

0 5 0 

0 5 0 
0 15 0 


Drawback 

*£. s. d , 


0 5 0 


1 17 6 
1 17 8 

3 15 4 
3 15 4 


0 18 11 
0 18 11 


Beech 































* * 


CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


9 


IMPORTS. 

* Beech-quarters, 5 inches, and under 8 inches square, or if 

24 feet or more iu length, from Europe, 
in British-built ships — per 120 

--, m foreign ships — — per 120 

-, under 5 inches square, and under 24 feet 

long, from Europe, in British-built ships 

per 120 

* -, in foreign ships — — per 120 

* --, of all sorts, under 8 inches square, from 

American States, iu British built ships 

per 120 

-, in American ships — per lb. 

-, of all sorts from British Colonies in 

America — — — per 120 

See. the note on Wood from America. 

Beer or Bigg; as Barley , which see. 

-, ground, is prohibited. See Corn, ground, 

and Provisions, 

*Bcer, Spruce, (subject also to Exc.) per bar. of 02 gal. 
—, of other sorts, (subject also to Excise) per bar. 
Bees wax. See Wax. 

* Bell-metal — — — — — per ezvt. 

Bells, of any sort, (except Hawk-bells,) not importable 

for sale by aliens. See Buckles. 

-, Sacring, not importable for sale. See Andirons. 

* Benjamin — — — — — per lb, 

*—-, imported by the East India Company, duty on 

warehousing, — — per cent, ad val. 

-, home consumption duty per lb. 

See East India Goods imported. 

Bergamot, Essence of. See Essence. 

•Berries, for dyers, not otherwise described, — per czvt. 

-, not for dyers use^ nor otherwise described, 

per cent, ad val, 

Bestials. Sec Man, Isle of 

•Bezoar-stones — — — — per oz. troy 

* - — > imported by the East India Company, duty 

on warehousing, — per cent, ad val. 

-- - - , home consumption duty, peroz. troy. 

g^=> See East India Goods imported. 

* Birds, singing — — — — per doz. 

•Biscuits, (SeeCorn and ProvisionsJ —• — per cut. 
•Bits, made in foreign parts [12] 

•Bitumen Judaicum — — — — per lb. 

•Blacking — — — — — per czvt. 

Black Lead — — — — per cut, 

•Bladders — — — — per doz. 

Blade and Blacksmith’s wares, not importable for sale by 
aliens. See Buckles. 

Blanch-iron thread, or White wire, not importable for 
saie. See Andirons. 

Blubber. See Oil, train. 

•Boards; Clap-boards or Clap-holt, from Europe, not ex¬ 
ceeding 5 feet 3 inches long, and under 8 inches 
square, in British built ships per 120 


Duty. ' J 

Drawback. 

.6 s. d. 

£ s. d: 

7 10 0 

3 17 0 

7 12 6 

3 17 0 

2 15 8 

1 10 11 

2 16 8 

1 10 11 

0 10 0 

_ 

1 0 0 

— 

0 10 0 

— 

0 16 7 

0 110 

0 8 6 

0 6 0 

0 11 10 

0 6 6 

0 0 8 

0 0 4 

2 0 0 

_ 

0 0 8 

— 

0 14 O 

— 

35 O 0 

25 0 O 


0 1 0 

2 0 0 
0 1 0 

0 4 3 
0 2 4 

0 0 4 
2 1 0 
0 2 0 
0 0 2 


0 0 6 


1 17 6 


0 2 
0 1 

0 0 
1- 13 
0 0 
0 0 


0 19 6 


IMPORT LAWS. 

[12] Bits, made in foreign parts, are not importable for sale, on forfeiture of the 
same, or their value : 5 Eliz. c, 7; 3 Car. I. c. A ; and 16 Car. I. c, 4. 

C Boards, 

























* * 


10 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


*Boar4s, 
•*_ 


IMPORTS. 

in foreign ships — — — per 120 

of the produce of British Colonies in America, 
and imported directly thence —- per 120 

from American States, in British built ships, 

per 120 

in American ships — per 120 


{£f=> See the note on Wood from America , 

— j Linn Boards or White boards for shoe-makers, 
under 4 feet long, and under 6 inches thick, 
in British built ships, — — per 120 

-—, in foreign ships — — per 120 

—, 4 feet long, or 6 inches thick, or upwards, in 
British built ships —• — per 120 

—, in foreign ships — — — per 120 

—, Oak boards , under 2 inches thick, and under 15 

feet long, in British built ships per 120 

—, in foreign ships — — — per 120 

—, if 15 feet long, or upwards, in British built 
ships — — — — per 120 

in foreign ships — — per 120 


— j Paling-boards , hewed on one side, and not ex¬ 
ceeding 7 feet long, in British built ships per 120 
—, in foreign ships — — — per 120 

—, exceeding 7 feet long, in British built ships 

per 120 

-, in foreign ships — — per 120 

See the note on Wood front America. 

- , Pipe-boards , above 5 feet 3 inches, but not 

exceeding 8 feet in length, and under 8 inches 
square,Tn British built ships — per 120 

-, in foreign ships — —- per 120 

-, exceeding 8 feet long, and under 8 inches 

square, in British built ships — per 120 

-, in foreign ships — — per 120 


- j Pipe-boards , of all sorts above 5*feet 3 inches, in 

length, and under 8 inches square, from Ameri¬ 
can States, in British-built ships — per 120 

- -, in American ships — per 120 

—, of all sorts, exceeding 5 feet 3 inches in length, 
and under 8 inches square, of the British Co¬ 
lonies in America, and imported directly thence 

pet 120 

See the note on Wood from America. 

■Wainscot boards, from Europe, containing 12 
feet in length, and 1 inch in thickness, and so in 
proportion for other lengths and thickness, in 
British-built ships — — per board 

—, in foreign ships — — per board 

—, Boards of all sorts, not otherwise enumerated, 
from American Stalein British-built ships 

per 120 

— -, in American ships — per 120 

•—> of all sorts, .not otherwise described, of the 


British Colonies in America, and imported di¬ 
rectly thence — — — per 120 

See Wood; and the note on Wood from America, 
Bodkins, not importable for sale. See Andirons f 
’i' Bolp Annohiac or Armenian Bole — per extt. 

*.Bones and Hoofs of Cattle .■— per cent, ad val. 

Bpnqets, Huts, 


Duty. 
£ s. d. 
1 18 0 

0 7 6 

0 7 6 
0 113 


4 4 0 

4 6 6 

8 8 0 
8 11 0 

5 11 3 
5 15 0 

112 6 
117 6 

0 114 
0 118 

1 2 8 
1 3 4 


2 16 3 
2 16 8 

5 12 6 
5 13 4 


0 12 3 
"10 5 


0 12 0 


0 1 9 

0 1 10 


0 5 0 
0 15 0 


0 5 0 


0 4 6 
20 0 0 


Drawback. 

.£. x. (1, 

0 19 6 


2 16 6 
2 16 6 

5 13 0 
5 13 0 

4 5 3 

4 5 3 

8 10 6 
8 10 6 

0 7 4 
0 7 4 

0 14 8 
0 14 8 


1 9 6 

1 9 6 

2 19 0 
2 19 0 


0 1 1 
Q 1 1 


0 2 4 
15 0 0 

JBcpks 


I 


































Custom-duties, drawbacks, and import-laws. 11 


IMPORTS. 

*Books, bound [13] •— — -— — per net. 

* -, unbound [13] — — — per net. 

* -, bound or unbound, imported by East India Co. 

duty on warehousing, — — per cent, ad tab, 

* -, bound, home consumption duty per net. 

* -, unbound, home consumption duty per cwt. 

See East lnd<a Goods imported. 
*Boom-spars, under 22 feet long, and under 4 inches dia- 

-, meter, (exclusive of bark,) in British-built ships 

per 120 

* -, in foreign ships — — per 120 

* - 1 < 2 o feet long or upwards, and under 4 inches 

diameter, (exclusive cf bark,) in British-bit. 
ships — — — — per 120 

* -, in foreign ships — — per 120 

- .— f 4 inches, but under 6 inches diameter, (ex¬ 
clusive of bark,) in British-bit. ships per 120 

* -in foreign ships —- — per 120 

* -, of all sorts, under 0 inches diameter (exclu¬ 

sive of bark,) from American States, in 
British-built ships — — per 120 

* -, in American ships »— — per 120 

* -»-, of the British Colonies in America, and 

imported directly thence, of all sorts under 
6 inches diameter (exclusive of bark,) per 120 
See the note on Wood from America. 

* Boots, not importable, for sale, by aliens. Sec Buckles . 
*Borax, in paste, or unrefined (or Tincal) — per lb: 

-, imported by the East-India Co. duty on ware¬ 
housing, — — — per cent. ad. val. 

- 1 home-consumption duty, per lb. 

See East-India goods imported. 

* -, refined — — — —■ — per lb. 

--, imported by the East India Co. duty on ware¬ 
housing — — per cent. ad. val. 

-, home-consumption duty — per lb. 

' See East-India Goods imported. 

Bosses of bridles, dot importable for sale. See Andirons. 
*Botargo (See Fish) — — — — per lb. 

- Bottle-makers’ wares, not importable for sale, by aliens. 
See Buckles. 

^Bottles, of earth or stone — — — per doz. 

*--, of glass, covered with wicker, per doz. quarts 

* - 1 0 f green or common glass, full or empty, not of 

less content than one pint, and not being- 
phials, [14] — — — per doz. quarts 


Duty. 

s. d. 
4 0 0 

3 0 0 

2 0 >0 

4 0 0 
3 0 0 


0 17 4 
0 13 4 


1 10 0 
1 11 0 

3 5 0 
3 7 6 


0 10 0 
0 13 9 


0 10 0 


0 0 4 

2 0 0 
0 0 4 

0 0 8 

2 0 0 
0 0 8 


0 0 7 


0 1 10 
0 13 4 


0 5 0 


Drawback. 

£‘ s. d. 


0 9 6 
0 9 6 


0 15 6 
0 15 -6 

1 14 0 
1 14 0 


0 - 0 2 


0 0 4 


0 1 0 
0 7 7 


IMPORT LAWS. 

[13] By 41 Geo. III. c. 107, 7. No person may import into Great Britain 
or Ireland, for sale, any printed books, first composed, written, or printed, and 
published in the United Kingdom, and reprinted in any other country or place 
whatsoever; under a penalty for so importing, or for selling, &c. of ten pounds, 
and double the value of the books; which may be seized and wasted. Eut these 
penalties do not extend to the case of books which have not been printed in the 
said United Kingdom, for 20 years preceding. Popish books, viz. primers, ladies’ 
psalter, manuals, rosaries, catechisms, missals, breviaries, portals, legends, and 
lives of saints, containing superstitious matter, in any language, or any superstitious 
books, in English, are not importable, "on penalty of 40s. for every book, which is 
also to be burnt: 3 Ja. I. c. 5, § 25. 

[14] Flasks in which wine or oil is imported are not subject to duty. 

C 2 


Bowls, 
























12 CUSTOM-UUTIESj DRAWBACKS, AND IMPORT-LAWS, 


IMPORTS. 

♦ Bowls or buckets, of wood — — — per doz. 

Bowsprits. See Masts. 

XBoxes, dressing boxes —- — per rent* ad val. 

♦ -, swiff — — — per cent, ad cal. 

♦ -, nests of, per gross of 12- doz. nests , each nest being 

6 boxes — — — — 

♦ -, pill, per gross of 12 doz. nests , each nest being 4 

♦ -, sand, — — per gross of 12 doz. hoses 

♦Box-wood, of the British Colonies or Settlements in Africa 

or America, imported directly thence, 

per ton of 20 czvt. 

♦ -, of any other country, or place, or imported 

in foreign ships — — — per ton. 

♦ - } from American States, in British-built ships 

per ton. 

♦ -, in American ships — — per ton 

{£jr* See the note on Wood from America. 
♦Bracelets, or necklaces, of glass, per gross of 12 btutdles 
qr deckers , each containing 10 necklaces 
♦Brandy, French, Dutch, or of any country per gall. 
f* Subject also to Excise. See Spirits. 
Brandy-wine. See Spirits. 

♦Brass, manufactures of, not otherwise described, 

per cent, ad val.. 

Brass-work. See Gold or Silver Thread. 

♦Brass or copper wire, not otherwise enumerated, . per czvt. 
♦——, powder of, for japanning — — per oz. 

♦Brazil or Pei'nambucca wood, per ton of 20 czvt. 

See W'jodfrom America. 

♦Braziletto or Jamaica wood, per ton of 20 czvt. 

Qffp See Wood from America. 

♦Bread cr Biscuit (See Provisions) — per czvt. 

See also the note on Corn. 

♦Bricks — — — — — per 1000 

Brimstone — — — — — per czvt. 

♦Bristles, dressed — — — per doz. lbs. 

♦ --, of MusCovy or Russia, in foreign ships 

per doz. lbs. 

♦ -undressed, or rough, — per doz. lbs. 

♦ -, of Muscovy or Russia in foreign ships 

per doz. lbs. 

Broken Glass. See Glass. 

♦Broaches or Spits, not importable for sale by aliens . See 
Buckles. 

Brocade, foreign. See Gold or Silver Thread. 

♦Bronze figures <— — — — per cent, ad val. 

♦Brooms, flag or whisk — — — per doz. 

*Bruges-thread — — — per doz. lbs. 

Brushes, not importable for sale. See Andirons. 

Buck or Deer skins. See Deer skins . 

Buckets of wood. See Bezels or Buckets of zvood . 
♦Buckles. [15] 


Duty. 

£ st ‘d. 
0 1 2 

35 0 0 

35 0 0 

0 16 10 


Drawback. 

£. s. d. 
0 0 10 

25 »0 0 
25 0 0 

0 11 $ 


0 3 0 0 1 3 
0 5 3 0 3 11 


1 0 0 

4 17 6 

1 0 0 
1 9 9 


0 5 6 
0 1 1 


35 0 0- 

3 10 0 
0 3 3 

2.17 6 

0 10 3 

0 2 4 

0 13 6 
0 8 8 
0 6 9 

0 6 11 
0 2 0 

0 2 2 


35 0 0 
0 0 5 
0 18 9 


2 9 0 


0 3 6 
0 0 8 


25 0 0 

2 10 0 
0 2 0 


0 1 8 

0 6 8 
0 6 6 
0 2 6 

0 2 6 
0 1 3 

0 1 3 


25 0 0 
0 0 I 
0 8 9 


Bugle, 


IMPORT LAWS. 

[15] Buckles, buckles for shoes, and other articles enumerated and referred to 
this, are not importable for sale by strangers or aliens, on penalty of forfeiture, or 
their value; 1 Rich. III. c. 12. Such, however, as fall within the denomination of 
French, or Dutch hardware, cutlery, glass-ware, works of iron, steel, copper, or 

brass 



















* * 


13 


CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS* 


IMPORTS. 

Bugle, great [16] — — — per lb. 

-, to be warehoused — — per lb. 

-, when taken out of warehouse for home con¬ 
sumption — -— — per lb. 

* -, small, or seed-bugle — — per lb. 

* -to be warehoused — — per lb. ■ 

-, when taken out of warehouse for home-con¬ 
sumption — — per lb. 

Bullion, or foreign coin, of gold or silver, [17] 

‘•^Bull-rushes — — — per loud of 63 bundles 

Bulls; see Cattle, great; and Provisions. 

* Burrs, for mill-stones, — per 100 of 5 score 

GCf 3 See Alderney. 

Buskins, not importable for sale. Sec Andirons. 

^Butter (See Provisions) — — — per cict. 

Buttons, foreign. [18] 

C. 

* Cables, tarred or untarred — — . per czct. 

♦Cable yarn — —*• — — per cwt. 

Cabinet-wares, turnery, and musical instruments. 

See Andirons and Buckles. 

Cajaputa, oil of. See Oil. 

Cakes made of rape-seed for manure. See Rape-seed. 
♦Calabar skins, tawed — — per 100 skins 

* -, undressed — — per 100 skins 

GCf 3 See Skins. . 

♦Calamus — — — —? per lb. 

♦Caliicoes, plain white, [19] imported by the East-India 
Company, duty on warehousing, per cent, ad cal. 

* -, home-consumption duty [20] per cent, ad val. 


Duty. 
£ s. d. 


Drawback. 
£ s. < i. 


0 

1 

10 

0 1 

6 

0 

0 

1 



0 

1 

9 



0 

3 

0 

0 2 

5 

0 

0 

2 



0 

2 

10 



0 

n 

3 

0 3 

11 

2 

0 

0 

0 10 

0 

0 

3 

2 

0 2 

2 

0 

13 

0 



0 

10 

9 



0 

10 

6 

0 5 

0 

0 

7 

0 

0 4 

2 

0 

0 

3 

0 0 

2 

2 

10 

0 



30 

0 

0 

Caliicoes, 


IMPORT-LAWS. 

brass, saddlery, porcelain, earthen-ware, cabinet-ware, turnery, or woollen manu¬ 
factures, were admitted by 27 Geo. III. c. 13. yntil the lOthof May, 1800. 

[16] Bv 5 Geo. III. c. 30, any bugles may be imported upon payment of the 
low duties, and warehoused; subject, on exportation, to the same regulations as 
East India Goods prohibited to be used in Great Britain: if not exported nor full 
duties paid within 5 years, they are to be sold, the duties and expences.first paid, 
and the surplus, if any, paid to the proprietor. 

[17} Bullion may be imported, even without entry, in any ships, and from any 
places, free of duty ; 12 Car. II. c. 18. 43 Geo. III. c. 68. 

[18j Buttons, foreign, whether of thread or silk, and all other foreign buttons, are 
prohibited to be imparted on penalty of forfeiture, and 1001. 13 and 14 Car. II. c. 
13, and 4 Will, and Mary, c. 10. 

[19] No piece of callieo of t he breadth of 1 £ yard, or under, is to exceed in length 
10 yards; and no piece of caliico, above that breadth, is to exceed 6 yards: if any 
piece shall exceed those lengths, the same is to be charged according to the respective 
lengths of 10 yards and 6 yards fur each piece, and is to pay duty for the same in 
that proportion for any greater or less quantity: (39 Geo. ill. c. 59. Under this 
denomination of callieoes white, the following goods are comprehended: viz. by- 
rampauts white, baftaes, caliipatties, cassaes patna, chowtars, doosooties, dotties 
white, emmerties, gurrahs, ginghams white, humhums, izzaries, laccowries, Ioug- 
cloths, moories, mammoodies,percaulahs, putcahs, sannoes, salampores, succatoons, 
white cloths, white dungaries. 

Caliicoes, muslins, or any other goods or stuffs made of linen-yarn only, or of 
linen-varn and cotton-wool mixed, or wholly of cotton-wool, in the warp of which 
shall be woven, in either or tyoth selvages only, through the Whole or any part of the 
length, one or more blue stripe or stripes, of one or more thread or threads; forfeited* 
upon importation, and 101. for each piece; 14 Geo. III. c. 72. § 9. 

[20] These duties are drawn back upon exportation of such pieces as shall have 

beea 














14 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS 


IMPORTS. 

Callicoes, white, flowered, or stitched. See Muslins. 

{£3 See Mast-India Goods imported. 

-, printed, prohibited) except for exportation to 

Africa. See East-India wrought Silks. 

* -, printed, painted, stained, or dyed, imported 

from Europe, under licence, for exportation 
to Africa, [21 j — percent, ad tel. 

Callivances. See Provisions. 

Calves. See Cattle , great, and Provisions. 

♦Calves’ skins, undressed [22] imported in British-built 
ships — — per doz. 

-, in foreign ships — per doz. 

* - 1 if tanned — — per lb.' 

3 See Skins. 

* --... ■ > undressed, imported by the East India 

Co. duty on warehousing percent, ad val. 

-, home-consumption duty per doz. skins. 

{£3 See East-India Goods imported. 

♦Calves velvcs, to make rennet — — per czet. 

♦Cambogium, or Gamboge — : — per lb. 

{£3* See Easi-India Goods imported. 

♦Cambrics and Lawns, commonly called French Lawns [23] 

per dcmi-piece of 6| ells 
♦Camel Hair — — — — per lb. 

♦Camomile Flowers — — — per lb. 

♦Camphire refined; from place of growth — per lb. 

* -, from any other place — per lb. 

sc- -, imported by the East-India Co. duty on 

warehousing — per cent, ad val. 
home-consumption duty — per lb. 


{£3 See East-India Goods imported. 
unrefined; from place of growth 
-, froift any other place 


per lb. 
per Ibi 


Duty. 

Diawbaek 

<£ s. di 

£ s. d. 

2 10 0 

— 

0 1 2 

* 

0 4 2 

0 2 6 

0 0 6 

■ 

2 0 0 

_ 

0 1 2 

— 

0 7 0 

0 5 0 

0 0 8 

0 0 4 

0 7 9 

0 5 0 

0 0 11 

-. 

0 0 2 

0 0 1 

0 0 11 

0 0 6 

0 2 6 

0 1 4 

2 0 0 

. 

0 0 11 

—s- 

0 0 7 

0 0 3 

0 1 4 

0 0 8 




IMPORT-LAWS. 

been printed, stained, painted, or dyed, in this kingdom; provided they be exported 
within one year from the time of payment of the full duties: 39 Geo. III. c. 39. and 
43 Geo. 111. c. 68. 

[21] By 5 Geo. III. c. 30. the East-India Company are allowed to import such 
coarse callicoes, 5cc. of the East Indies, as shall be fit for the African trade, under 
licence of the commissioners of the treasury, to be granted without fee. On failure 
of the company supplying the market, licences may be granted to any other per¬ 
sons for the import, from any ports of Europe, not within his Majesty’s dominions, 
gander similar restrictions. They are warehoused upon landing, and delivered out 
Aipon condition of being exported to Africa only. See East-India Goods prohibited. 

[22] By 9 Geo. III. c. 39 } (continued by 36 Geo. IlL c. 40, till 1 June, 1803, and 
to the end of the then next session of parliament), Calves’ skins, undressed, may be 
imported from British colonies in America, duty free, upon due entry, &.c. otherwise 
liable to duty. See Hides. 

[23] Cambrics and French lawns were formerly prohibited to be imported, unless' 
warehoused for exportation, and under various restrictions and regulations. By 
fofmer acts they are importable only into the port of London, and iu bales, cases,' or 
boxes, covered with sackcloth or canvas, containing 100 whole, or 200 demi pieces, 
in vessels not under 60 tons, British built and legally navigated, and only by licence 
from the commissioners of customs, grantable on demand without fee: 32 Geo. IT. 
c. 32, and 7 Geo. III. c. 43. By 5 Geo. III. c. 39, they are not. at all exportable to 
the Isle of Man. The 43 Geo. III. c. 68/however, permits the Importation for home 
consumption ; and permits, likewise, such as were imported before the 5th July 1803, 
and warehoused for exportation, to be taken out on making due entry, &q. 



















CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS 15 


IMPORTS. 

♦Camphire, unrefined; imported by the East-India Co. 

duty on warehousing, 

per cent, ad oal, 

— - - --, home-consumption duty per lb. 

See East-India Goods imported, 

•Cam Wood —- — — per ton of 20 czvt. 

Canada Balsam. Sec Balsam. 

Canary Isles. See Seaih. 

•Canary-seed — — — —■ per cad. 

•Caacrorum oculi, or Crabs eyes — — per lb. 

•Candles of tallow [24] — — — per czvt. 

* -, of spermaceti — — — per lb. 

* - of wax — — — per lb, 

tf^r* See East India Goods imported. 
Candlesticks, hanging; not importable for sale. See 
Andirons. 

' . - iron; not importable for sale by aliens. See 

Buckles , 

•Candlewick — — — — per cwi. 

Cane hats or bonnets. See Chip or Cane lids. 


Cane platting, for hats or bonnets, 
*Canella Alba, — - 

* Canes, reed — — 

• -—, bamboo. 


See Piattinz. 


— per lb. 

. — — — per 1000 

imported by East India Co. duty on 
warehousing — per. cent, ad val. 
- — ■■■■ ■ ■ -, home consumption duty per 1000 

* -, walking — — — per 1000 

* -, walking canes or sticks, mounted, painted, inlaid, 

or otherwise ornamented and manufactured, im¬ 
ported by East India Company, duty on ware¬ 
housing, — — per cent, ad val. 

———home-consumption duty, — per cent, ad val. 
gip See East-India Goods imported. 

* -, rattans, (not ground rattans) — per 1000 

(Cfr* See East-India Goods imported. 

, wanghees, jumboo, ground rattans, dragon’s blood, 
and other walking canes or sticks, imported by 
East-India Company, duty on warehousing, 

per cent. ad. val. 

--, home consumption duty per 1000 

•Cans of wood — — — — per doz. 

•Cant-spars, the same as Boom-spars , according to their 
several dimensions. See also the note on 
Wood from America. 

•Cantharides —- — — — — pcrlb> 

Sec East-India Goods imported. 

•Canvas, Hessens, or Dutch Barrass — per 120 ells 

* -, Packing, Gutting, Spruce, Elbing, or Queenbo- 

jrough canvas — —- 


Us 


per 120 

r p™ r 

pcrdCjpfi 

•Capravens ; the same as boom-spras. accord'n ; to th* ir 
several dimensions. See likewise the uncoil 
Wood from America. 


•Capers 
•Capita papavemm 


•Caps of cotton 
-of worsted 


— — P ( - ■ 


Duty, 
£ s. d. 


2 0 0 
0 0 7 


1 I 0 

0 0 8 
1 18 0 
0 1 6 
0 1 6 


2 1 4 


0 0 3 
0 16 4 

2 0 0 
1 1 0 
'2 8 9 


2 0 0 
50 0 0 

1 1 0 


2 0 . 0 

2 8. S 

01 2 


a i io 

j 1 12 6 

I l 1 10 

! 0, 0 3 
0 2 2 


52 0 0 

35 0 0 


Drawback. 
£ s. d. 



I 8 0 


0 0 2 
0 9 9 


1 17 3 


0 15 3 


0 «18 

0 0 8 
1 5 S 

o is n 

0 0 1 

0 1 l 


41 10 0 
25 0 0 


IMPORT'L; 

[24] Candles of all sorts, imp or 5: a in p<S 
2 re forfeited. 


than 2241bs.' net weight. 


* Cardamoms 

























16 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT LAWS. 


IMPORTS. 

* Cardamoms — — — per lb. 

♦Card-maker’s wares, not importable for sale by aliens. 
♦Cards, playing — — per doz. packs 

-, tor wool. See Wire. 

m See Buckles, 

Card-wire. *See Wire. 

♦Carmenia-wool, or goat’s hair — — per lb. 

♦Carmine — —•- — per oz. troy 

♦Carpets of Persia, imported by East India Co. duty on 

warehousing — — per cent, ad val. 

--- ‘ home-cons, duty, per square yard 

See East India Goods imported. 
♦Carpets, Turkey, 4 yards sq. or upwards per carpet 

* -— less than 4 yards square per carpet 

— per cent, ad val. 


per lb. 

— per czvt. 
per cent, ad val. 

— per lb. 
per lb. 

— per czvt. 


Carpets, not otherwise enumerated 
♦Carrabe, or Succinum 
♦Carra way-seeds 
♦Carriages — 

♦Carrot-seed — 

♦Carthamus-seeds 
♦Cashew gum 

# --, from American States, in British-built ships 

per czvt. 

* -■-, in American ships per czvt. 

See American States. 

♦Cashew nuts — — — per cent, ad val. 

Caskets; not importable for sale. See Andirons. 

♦Casks, empty — — per ton of 252 gallons. 

♦Cassia buds — — — peril. 

fcjP See East India goods imported. 

♦Cassia fistula — — — >— per lb. 

See East India Goods imported. 

♦Cassia Lignea — — — »— per lb. 

ftCf 3 See East India goods imported. 

♦Cassia, oil of. See Oil. 

♦Castor — — — — per lb. 

♦Castor-oil — — — — per lb. 

See East India goods imported. 

♦Castoreum, or Beavers’ cods, See Castor. 

♦Catlings or lutestrings per gross of 12 dozen knots 

♦Cat-skins, undressed. (See Skins,) -— per skin 
Cattle, great, [25] 

—-, from the Isle of Man. See Man, Isle of. 

♦Car iare. See F sit — — — per czvt. 

Cauls of silk. See silk, wrought. 

♦Cayenne pepper — — — per lb. 

See East India goods imported. 

♦Cerussa — — — — per czvt. 

Chafing balls and dishes, not importable/or sale. 

See Andirons . 

♦Chains, not import, for sale by aliens. See buckles. 


Duty. 

£. s. d. 
0 1 0 

2 8 0 


0 0 2 
0 1 6 

2 0 0 
1 10 0 

2 15 0 
0 14 1 

35 0 0 
0 0 9 
0 6 3 
35 0 0 

0 0 4 
0 0 3 
0 4 2 


0 4 2 
0 4 7 

35 0 0 

0 10 0 
0 0 6 

0 0 4 

0 1 2 


0 2 6 
0 0 6 


0 3 6 
0 0 6 


0 7 3 
0 2 6 


Drawback* 
.£ s. d. 

0 0 6 


2 0 0 
0 7 6 

25. 0 0 
0 0 6 
0 3 4 
25 0 0 
0 0 2 
0 0 2 


25 0 .0 

0 7 U 
0 0 4 

0 0 2 


0 1 4 
0 0 3 


0 2 2 
0 0 4 


0 I 


IMPORT LAWS. 

[25] Cattle, great, sheep, or swine, or any beef or pork, (except bacon,) unless 
for ship’s use, (and also except 600 head of cattle yearly, from the Isle of Man, im¬ 
ported into Chester,) are prohibited to be iira orted, on forfeiture of the vessel, and 
seizure of the goods ; 18 Car. II. c. 2 ; 20 Car. 11. c. 7 ; 32 Car. II. c. 2 j 5 Will, 
and Mary, c, 2.—See however, as to temporary importation, the article Provisions. 

Chapes, 
















CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. J7 


Duty. 

IMPORTS. _ £. s. d. 

Chapes, not importable for sale. See Bits. 

♦ Cheese — — — per czvt. 0 2 8 

{£3* See Provisions. 

♦Cherries — — — — per cwt, 0 8' 3 

♦Chesnuts — — — per bushel 0 2 0 

Chimney-pieces, of marble or stone, sculptured. 

See Stones. 

* China root, from place of growth — per lb. 0 0 7 

* --—from any other place, — — do. 0 1 7 

* -*—, imported by East-India Company, duty on 

warehousing, — per cent, ad val. 2 0 0 

--—, home consumpt. duty, — per lb. 0 0 7 

{£3* See'East-India Goods imported. 

* China ware, or Porcelaine, not otherwise enumerated, 

per cent ud val. 50 0 0 

♦—- > imported by the East-India Co. duty on 

warehousing, — per cent ad val. 2 0 0 

- f home consumption duty do. 80 0 0 

See East-India Goods imported. 

Chip, manufactures of, to make hats or bonnets. 

See Platting. 

♦ -cane, or horse-hair hats or bonnets, not exceeding 

22 inches diameter, -— per do% . 0 6 6 

* -—, exceeding 22 in. diameter, — do. 0 13 0 

Chocolate, ready made [26] 

♦Cider, (subject also to Excise,) [27] 

per tun of 252 gallons 7 7 0 

♦Cinabrtum, or Vermilion — — — per lb. 0 12 

(£3* See East-India Goods imported. 

♦Cinders — — per chalder of 36 bushels 0 13 4 

Cinnabar. See Vermilion. 

♦Cinnabaris Nativa — — — per lb. 0 10 

(£3* See East-India Goods imported. 

♦ Cinnamon of the produce of, and imported from, any 

British Colony in America [28] do. 0 16 

♦ -, imported under licence — do. 0 5 4 

♦ -, imported by East-India Company, duty on 

warehousing — — per cent, ad val. 2 0 0 

--v-, home consumption duty per lb. 0 16 

Sefe Spicery. 

♦Citron preserved with salt, — — per cent, ad val. 35 0 0 

---sugar. See Succades. 

♦Citron-water — — — per gallon 0 6 6 

♦Civet — — — — — per oz. troy 0 2 6 

Clap-boards, or Clap-holt. See Boqrds. 

♦Clasps, for gowns ; not import, for sale by aliens. 

See Buckles, 


Drawback. 
<£. s. d. 


0 1 3 


0 0 4 
0 0 10 


36 11 0 


5 3 3 
0 0 6 


0 0 6 


0 4 0 


25 0 0 

0 5 0 

0 1 4 


IMPORT LAWS. 

[26] Chocolate, ready-made, and cocoa-paste, are prohibited to be imported, on forfei¬ 
ture thereof, and double value; 10 Geo. I. c. 10. § 2. 

[27] Impoited from Guernsey, Jersey, Alderney, or Sark, by certificate, is free of 
custom-duty. See Alderney. 

[28] The conditions under which cinnamon may be so imported are contained in 3 and 
4 Anne, c. 4; 8 Anne, c. 7; 6 Geo. I. c. 21.. See also 8 Geo. I. c. 18, continued by seve¬ 
ral statutes, and by 43 Geo. III. c. 29, to the. 29th Sept. 1809, and thence to the end of 
the next Sesssioa of Parliament, 

D 
























IS CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


IMPORTS. 

♦Clocks, . per cent, ad vat. 

♦Cloths, woollen, all manner of, . per yard. 

♦ -, painted; not importable for sale by aliens. 

See Buckles. 

♦Clover-seed ... per crot. 

♦Cloves of the produce of, and imported from any British 
Colony in America . per lb. 

* -imported under licence [29] . do. 

* -imported by East India Company, duty on ware¬ 

housing. per cent, ad val. 

- — ., home consumption duty. per lb. 

See Spicery . 

♦Coals. per chalder of 36 bushels 

♦Cobalt . per cent, ad vat. 

^Cochineal .. per lb. 

♦ -, imported by E. Ind. Co. duty on warehousing 

per cent, ad val. 

-home consumption duty. per lb. 

♦Cocoa nuts [SO] 

♦ - f 0 f British colonies or plantations in Ame¬ 

rica, to be warehoused... per ciot. 

♦————, of any other country, to be warehoused 

per cwt. 

-, taken out of such warehouses for home con¬ 
sumption.. per lb. 

imported by East-lndia Company, duty on 

warehousing. per cent, ad val. 

«■ — - . .., home-consumption duty. per lb. 

See Bast-India Goods imported. 
♦Cocoa-nutshells, or husks. [31] 

Cocoa-paste, prohibited. See Chocolate , ready-made. 
♦Coculus Indicus, from place of growth. per lb. 

* -, from any other place. do. 

♦———-■, imported by the East India Company, 

duty on warehousing, per cent, ad vat. 

-home consumption duty ... per lb. 

{£3P See East India Goods imported. 

♦Coffee. [32] 


Duty. 

Drawback. 

<£. s. d 

£. s. d. 

35 0 0 

25 0 0 

1 1 0 


0 5 9 

0 2 6 

0 3 0 

0 2 5 

0 3 3 

0 2 5 

2 0 0 


0 3 3 

— 

1 7 0 

-_- 

20 0 0 

15 0 0 

0 0 10 

— 

2 0 0 

___ 

0 0 4 

— 

0 0 6 

—: 

0 0 6 

— 

0 0 2 

— 

2 10 0 


0 0 2 


0 1 0 


0 2 6 

— 

2 0 0 


0 1 0 

-— 


IMPORT LAWS. 

[29] Cloves are so imported under the same conditions as cinnamon. See note above. 

[30] Cocoa-nuts are also subject to the Excise-duty. If imported in packages of less 
than 1121bs. each, they are forfeited. By 10 Geo. I. c. 10, § 26, cocoa-nuts may he ware¬ 
housed upon importation and payment of the low duties j the remainder to be paid before 
they are taken out for home consumption. See also 6 Geo. III. c. 52, and 35 Geo. III. 
c. 118. 

[31] Cocoa-put shells or husks, imported without the nuts belonging to them, are seiz- 
able, with their packages ; 4 Geo. II. c. 14, § 12. 

[32] Coffee is also subject to the Excise, and is forfeited if imported in packages of less 
than 1121bs. each. It is allow ed to be warehoused, by 10 Geo. I. c. 10, § 26, the same 
as cocoa-nuts. By 6 Goo. III. c. 52, Biilish coffee may be imported, free of duty, into 
any British colony or plantation in America, to be warehoused there, and exported thence 
w ithin twelve months, either to Great Britain or to some other British plantation. Foreign 
coffee may likewise be imported free of duty into'any of the said colonies, to be w are- 
boused there, and exported thence within twelve months. By 10 Anne, c. 26, § 45, the 
Commissioners of Customs are authorized to allow all stones, dirt, and trash, found among 
w arehoused coffee, ,to be destroyed, at the request of the importers or buyers. See also 
35 Geo. III. c. 118.' 






































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 19 


IMPORTS. 

^Coffee, of British colonies in America, to he ware¬ 
housed [33] .... p- r CZ0 (. 

--> °f an}' other place, to be warehoused [33] per c:vt. 

-—, when taken out for home consumption per lb, 

* - , imported by the East-India Company, duty on 

warehousing . per cent, ad val. 

---home-consumption duty . peril. 

GC?* See East India Goods imported . 

Coin, of gold or silver. [34] 

-, foreign. See Bullion. 

-•, of copper. See Copper. 

*Co!e-seed .... per quarter of 8 bushels. 

*Colophonia. See Rosin. 

*Cotoquintida, from place of growth . per lb. 

* --, from any other place. do. 

* -, imported by the East-In, Comp, duty on 

warehousing. per cent, ad val. 

-:- 1 home consumption duty. per lb. 

8^ See East-India Goods Imported. 

Colours for Painters. See Painters Colours. 

^Colombo root.. per lb. 

* -, imported by the East-India Comp, duty on 

warehousing . per cent, ad val. 

---, home consumption duty. per lb. 

*Comfits .. do. 

*Coney-skins, undressed . per doz. 

* -wool ... per lb. 

Confectio Alkermes. See Alkermes. 

Contrayervae Lapis. See Lapis. 

—- Radix. See Radix.. 

Cobaiba, or Capivi Balsam. See Balsam. 

Convoy Duty [35] 


Duty. 

<£. s. d. 


Drawback- 

£. s. d. 


0 0 6 
0 0 6 
0 0 5 


2 10 0 

0 0 5 


0 16 8 


0 12 9 


00-9 004 

0 1 10 010 


2 0 0 
0 0 9 


0 0 8 


0 0 4 


2 0 0 
0 0 8 
0 1 6 
0 0 6 
0 0 2 


0 0 5 
0 0 3 


IMPORT LAWS. 

[33] For the conditions under which coffee shall, on importation, be secured in ware¬ 
houses, see 10 Geo. III. c. 10 ; 6 Geo. III. c. 52; and 35 Geo. III. c. 118. For those 
under which coffee, not of the British plantations, shall, on importation into the ports of 
London, Bristol, Liverpool, Glasgow, or Leith, be warehoused without payment of duty, 
see 32 Geo. III. c. 43. 

[34] False or counterfeit current coin imported, to be uttered , is forfeited, and the fact of 
importation subjects the importer to the penalties of high treason ; 9 and 10 Edw. III. c. 2 ; 
and 1 and 2 Phil, and Mary, c. 11. And, by 14 Geo. III. c. 42, (revived and made 
perpetual by 39 Geo. Ill, c. 75,) silver coin of this realm, not being of the established 
standard either in weight or fineness, is prohibited to be imported upon forfeiture thereof. 

[35] By 38 Geo. III. c. 76, certain duties for convoy were imposed, besides all ether duties 
on the tonnage of ships, and on different imported and exported articles of merchandize. 
Ail goods, not being particularly charged with convoy-duty, nor particularly exempted 
from it, paid, above all other duties, 31. percent, ad valorem. These duties Ceased with 
the war which ended in 1801, and were succeeded by’ certain other duties, in lieu thereof, 
imposed by 42 Geo. III. c. 43. The latter were payable until the 5th July, 1803, when 
the duties by the Consolidation Act, 43 Geo. III. c. 68, took place. The 43 Geo. III. 
c. 70, imposed, likewise, an addition of one-cighth on the amount of the latter, or 12/. 
10 s. percent, upon the consolidated duty, on all articles of importation and exportation, 
not otherwise particularly specified, or exempted, for and during the present war. These 
additional duties are to be paid until six months after the ratification of a definitive treaty 
of peace. The articles particularly specified or exempted are as follow: viz, goods, wares, 
and merchandize, of the growth, production, or manufacture of Great Britain, exported to 
any port or place of Europe, or within the Straits of Gibraltar, pay additional per cent. ad 








































20 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


IMPORTS. 

*Copper, the ore . per cwt. 

-, unwrought; viz. copper bricks, rose-copper, 

copper coins, and all cast copper. per cwt. 

-, additional, in lieu of Convoy Duty do. 

-• viz. copper in plates and coin. do. 

See East-India Goods imported. 


rnered or raised. 'per cwt. 


Duty 

£. s. 

0 0 

0 1 
0 4 
0 9 


0 18 


Drawback. 

d. £. s. d . 

6 - 


0 

6 

4 


8 


* -, manufactures of copper and copper plates, en¬ 

graved .f.. per cent, ad vaL 

*--copper enamelled, and cop¬ 

per-plates engraved, imported by East India 
Comp, duty on warehousing...per cent, ad val. 
-home consumption duty do. 

* -wire, not otherwise enumerated per czvt. 

-work. See Gold or Silver Thread. 

Coppersmiths’ wares, not importable for sale by aliens. 

See Buckles. 

^Copperas, green . per cwt. 

* - f blue . f .. rdo. 

* --, white . do. 

*Coral beads ... per lb. 

*——, white or red, for physical uses, in fragments do. 

£3^ See East-lndia Goods imported. 

* -, whole, unpolished.. do. 

{£|P* See East-India Goods imported. 

. - - , whole, polished . . do. 

See East-lndia Goods imported. 

^Cordage, tarred or untarred . per cwt. 

♦Cordial waters, Strong water, or other spirits not enumer¬ 
ated, (subject also to Excise,) per gall. 
See Spirits. 

♦Cordivan skins dressed, imp. by East-Ind. Co. duty on 

warehousing, .. percent, ad val. 

——----—, home consump. duty, per dot. 

See East-lndia Goods imported. 

* --of Turkey . do. 

* ---, of Spain . do. 

^Coriander seeds. per cwt. 

(£|P See East-lndia Goods imported. 

*Cork .. do. 

*Corks, ready made . per gross of 12 doz. 


35 0 0 


2 0 0 
50 0 0 
3 10 0 


0 2 1 
0 3 0 

0 7 0 

0 9 5 
0 0 6 

0 3 4 

0 6 10 

0 13 0 

0 3 4 


2 0 0 
1 0 0 

1 0 0 
2 6 0 
0 5 9 

0 4 10 
0 0 8 


25 0 0. 


2 10 0 


0 4 2 

0 0 2 

0 1 0 

0 2 0 

0 2 6 


0 7 6 
1 5 9 
0 2 11 

0 3 3 
0 0 5 


IMPORT LAWS. 

valorem, 1 1. to any place not being in Eitrope, nor within the Straits of Gibraltar, nor 
within the limits of the charters of the East India Company, additional, per cent, ad val. 31. 
and, to any place within the limits of the charters of the East India Company, 4/. The 
Exemptions are— Wine ; lea; Fir Timber, of the growth of Norway, of certain dimen¬ 
sions ; Deals , of certain dimensions, imported ; and Military Stores exported by the East 
India Company. Nov are these duties charged upon Bullion; Goods exported to the 
Isle of Man, by the authority of the Commissioners of Customs; Cotton Yum, or other 
cotton manufacture of Great Britain; Refined. Sugar or Me/asses; or any sort of craft, 
food, victuals, clothing, or implements, exported, tit and necessary for, or for the use and 
support of the persons employed ih the British Fisheries of Newfoundland, or any of his 
Majesty’s Colonies in America. 

For the additional duties of Tonnage see Tonnage, 

The articles which pay otherwise than 12/. 10.r. per cent, additional are, Copper un-. 
wrought, Cotton Wool, and 'Sugar for which seethe respective names in the alphabetical 
arrangement. - 






































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 21 


IMPORTS. 

Corn, or grain, [36] and see Provisions. 


-, ground [37] and see Provisions. 

♦Cornu Cervi calcinatum ... per lb. 

Corses, noit importable for sale. See Andirons. For cor¬ 
ses of silk, see Silk, wrought. 

♦Cortex Angustuvae . per lb. 

♦ -, Caryophylloides... do. 

♦ -, Eleutheriae ... per czvt. 

♦—?-, Guaiaci . do. 

♦ - , Lhnonum, or Aurantiorum ... per lb. 

--, Peruvianus, or Jesuits’ bark .. do. 

See Drugs, and East-India Goods imported. 

♦ -, Simaiouba.. per lb. 

♦ -, Winteranus. do. 

♦ -, not otherwise enumerated. per cent, ad val. 

♦Costus dulcis et amarus ... per lb. 


See East-India Goods imported. 

Cotton cloth, of the Isle of Man. See Cotton yarn. 
♦Cotton-manufactures, not otherwise described 

per cent', ad val. 

♦-, not otherwise particularly enu¬ 

merated or described, imported by 
East-India Co. duty on warehous¬ 
ing, ..... .. ...... percent, ad val. 

«- > home consumption duty, 

per cent. ad val. 

See East-India Goods imported. 

-thread. See Thread. 

-Wool, of British plantations..— per 100 lbs. 

and additional in lieu of Convoy-duty do. 

• --—, of American States, in British built ships, 

per 100 lbs. 

and additional in lieu of Convoy-cluty do. 


Duty. 

£. s. cl. 


Drawback. 

£. s. d . 


0 0 4 


0 0 2 


0 1 0 
0 0 3 
0 12 0 
0 16 IQ 
0 0 2 
0 10 


0 0 6 
0 0 2 
0 6 4 
0 8 10 
0 0 1 
0 0 6 


0 0 6 
0 0 3 
35 0 0 
0 0 6 


0 0 2 
0 0 2 
25 0 0 
0 0 3 


52 0 0 


41 10 0 


2 0 0 
52 0 0 


0 8 4 
0 8 4 

0 8 4 

0 8 4 


IMPORT LAWS. 

[36] Corn, or Grain: sec the respective duties payable under the different heads of 
Barley, Wheat, &c. For the temporary bounties on the importation of corn and grain see 
hereafter under the head of Bounties. Iti* importable only in British-built ships; or in 
British ships owned by British subjects; or in ships of the built of the same country as the 
goods; or of some country in Europe belonging to the sovereign of that European country 
of which the goods are the produce; or of the usual ports of shipping for transportation } 
all legally navigated ; otherwise they and the vessel are forfeited : 12 Car. II. c. 18 ; and 
27 Geo. III. c. 19. By 31 Geo. III. c. 30. § 19, wheat, wheat-meal, or flour, rye, pease, 
beans, barley, beer or bigg, oats, oatmeal, and Indian corn or maize, may be imported 
into any place having a Collector of Customs, or into any other place approved of bv the 
King in Council, to be Warehoused under the joint locks of the King and the importer, 
at the expence of the latter, but under the care and inspection of the Commissioners of 
Customs, without deposit of any duty; with liberty to screen, turn, and take any care of 
it that necessity may require, in the presence of an officer of the Customs. When taken 
out for home consumption, there are to be paid the duties payable on that sort of corn 
imported into that port from an) r foreign country ; and also, in addition, the highest of the 
two low duties payable upon the like sort of corn ; and it is to be measured out from the 
w arehouses. If taken out for exportation, or to be carried coastwise, (which are permitted 
by the act, § 19,) security is to be given for the due exportation or landing at the port to 
which it is to be carried. It is measurable only by the Winchester bushel, 8 of which 
make 1 quarter. 

Foreign corn, when delivered out of any ship or vessel in the port of London, is subject 
also to a duty of twopence per last, or 10 quarters, to be paid to the Inspector of Corn 
Returns. 

[37] Corn, ground, (except wheat-meal, wheat-flour, and oatmeal) is prohibited to be 
imported, on forfeiture of it and the vessel: 31 Geo, III. c. 30. § 15. 

































22 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


IMPORTS. 

Cotton Wool, of American States, in American ships, 

per *100 lbs. 

and additional in lieu of Convoy-duty, do. 

-, imported by East-India Co. do. 

and additional in lieu of Convoy-duty, do. 

See E'ist-India Goods imported. 

-, of Turkey in a Britisfo built ship do. 

and additional in lieu of Convoy-duty, do. 

-in a foreign ship .. do. 

and additional in lieu of Convoy-duty, do. 

-, of any other country or place, in a British 

built ship . per 1(.)0 lbs. 

and additional in lieu of Convoy-duty, do. 

-, in a foreign ship . do. 

and additional in lieu of Convoy-duty, do. 

See Convoy Duty. 

* -yarn,. [38J. per lb. 

* -—, imported by East-India Co. duty on ware¬ 

housing, . per cent, ad val. 

---—, home consumption duty . per lb. 

5^ See East-India Goods imported. 

Cows. See Cattle great, and Provisions. 

*Cow or ox hair. . per civt. 

* -hides in the hair, and not in any way dressed, 

in Foreign ships . per piece 

—-, imported in a British built ship. do. 

* -from American States, in British built 

ships . per piece 

but in American pay additional per doz. 

* -, tanned . per lb. 

* - - - f tails, . per 100 of 5 score 

♦Cowage, or Cowitch . per lb. 

♦Cowries imported from Europe under licence for exporta¬ 
tion to Africa, . per cent, ad val. 

* -, imported by the East-India Company, duty on 

warehousing.. per cent, ad val. 

-, home cons, duty .. do. 

See East-1 ndia Goods imported; and also the note 
on East-India Goods prohibited. [39] 

Cows. See Cattle , and liote on Provisions. 

Crabs’ eyes. See Cancrorwn oculi. 

♦Cranberries . per gallon 

Crapes. See Silk, wrought. 

♦Crayons . per cent, ad val. 

♦Cream of tartar.... per cwt. 

♦Cross-bow thread. See Thread. 

♦Crout, viz. Sour Crout . per cent, ad val. 

£3? See Provisions. 

♦Crystal, in fragments, for physical uses. per lb. 

* -beads, . per 1000 

See East-India Goods imported. 

* -, not otherwise enumerated. per cent, ad val. 


Duty. 

£. s. d. 

0 9 2 

0 8 4 
0 8 4 

0 8 4 

0 8 4 
0 8 4 
0 16 8 
0 8 4 

0 12 6 
0 12 6 
1 0 10 
0 12 . 6 

0 0 5 

2 0 0 
0 0 5 


0 110 

0 1 4 

0 0 6 


0 0 
0 0 
0 0 
0 3 
0 0 


2 0 0 

2 0 0 
52 10 0 


0 0 6 

35 0 0 
0 9 4 

35 0 0 

0 0 6 
0 16 10 

35 0 0 


Drawback. 

£. s. d. 


0 0 3 


0 2 6 
0 0 3 


25 0 0 


25 0 0 

0 0 2 
0 118 

25 0 0 


IMPORT LAWS. 

[38] By the 38 Geo. III. c. 63 (which is to continue till 5 July, 1804), cotton yarn 
and cotton cloth, the manufacture of the Isle of Man, may be imported into Great Britain, 
free of duty j and no cotton yarn is to be imported into the Lie of Man, except from 
Great Britain, on forfeiture thereof. See Man, Isle of. 

[39] Imported under the restrictions of 5 Geo, III. c. 30. See note on Calicoes, 
printed, hcc. 















































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 23 

- - \ 


IMPORTS. 

♦Cubebs . ...:.r. ... per lb. 

£ 3 ^ See East-India Goods imported. 

♦Cucumbers, pickled . per gallon 

*-, preserved in salt and water per cent, ad val. 


♦Cummin-seeds..... per czvt. 

♦Cupboards ; not import able for'saleby aliens. See Buckles. 

♦Currants, in British ships [40] . per czvt. 

-, in foreign ships.. do. 

♦Cutlers’ wares, not importable for sale rby aliens. See 
Buckles. 

Cut-work, foreign, [41] 

♦Cuttle-bones . per 1000 

♦Cyperus ... per czvt. 


D. 

Daggers and Dagger-blades, not import, for sale. See Bits. 
♦Damask tabling, of the manufacture of the Batavian Re¬ 
public, not exceeding If oil in breadth, 

per yard 

♦-- — , above If ell, but under 2 ells in breadth 

per yura 


■, 2 ells and under 3 ells broad, do. 
3 ells or more in breadth,. do. 


-, of Russia. See Russia Linen. 

♦ -, of Silesia making, or any other place 

not otherwise described per yard square 

♦ - - towelling and napkining of the manufacture of 

the Batavian Republic, . per yard 

-—, of Russia. See Russia Linen. 

♦ -, of Silesia making, or any other place 

not otherwise described, ... per yard 

♦Dates. (See Grocery ) . per czvt 

♦Daucus Creticus, or Carrot-seed ... per lb. 

Davis’s Streichts, [42] 


Duty. 
£. s. d. 
0 0 3 


Drawback. 

£. s. d. 
0 0 2 


0 1 0 - 

35 0 0 25 0 0 

1 0 0 - 

0 9 6 0 4 11 


17 2 119 

1 8 10 119 


0 7 6 0 5 3 

0 9 4 0 5 0 


0 6 2 


4 10 0 


0 7 0 
0 8 0 
0 11 8 


0 5 8 
0 6 6 
0 9 10 


0 1 3 0 0 10 
0 2 4 0 1 8 


0 0 8 
2 15 3 

0 0 4 


0 0 5 
2 3 3 
0 0 2 


IMPORT LAWS. 

[40] Currants are importable only in British-built ships; or in ships of the built of the 
same country as the goods; or of some country in Europe belonging to the sovereign of 
that European country of which the goods are the produce; or of the Usual ports of ship¬ 
ping for transportation ; all legally navigated, on forfeiture of goods and vessel: 12 Car. 

II. c. 18 ; and 27 Geo. III. c. 19. Nor otherwise than loose, in casks of 5 cwt. net each, on 
forfeiture of the same, and packages; but vessels, coming from places whence they are 
usually brought, may have on board, for ship’s use, not exceeding 5 cwt. stowed openly in 
a cask, capable of containing 5 cwt. weight which must be regularly entered ; 23 Geo. 

III. c. 11, They are prohibited from Germany and the Netherlands. See Grocery . 

[41] Cut-work, foreign, of silk, thread, or either of them, prohibited to be imported, 

on penalty of forfeiture and 100/. 13 and 14 Car. II. c. 13. 

[42] Whale-fins, oil or blubber of whales, seal-oil or seal-skins, or any other produce 
of seals or other creatures, (caught in any part of the ocean by British subjects, usually 
residing in Great Britain or Ireland, or in Guernsey, Jersey, Alderney, Sark, or Man, in 
vessels built in either of the said kingdoms or islands, owned, registered,.«md navigated 
according to law) were formerly importable free of duty, provided that the master of the 
vessel made oath that the same were, bona fide, so caught and taken; and provided that a 
Jog-book be constantly kept on board such vessel, as is directed for vessels which claim the 
bounties for fishing in Greenland Seas and Davis’s Streights: 32 Geo. III. c. 22. § 14. 
The bounties are particularized hereafter. The 43 Geo. III. c. 68 , imposed the duties 
upon these articles shewn in the Tables. 




























/ 


24 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


IM ORTS. 

Deals, above 7 inches wide, 8 feet in length and not ex¬ 
ceeding 10 feet, and not exceeding 1| inch in 
thickness, in a British built ship, [43] .,. per Vi 0 
——of the foregoing Dimensions, in a foreign ship 

per 120 

♦,—-, above 7 inches wide, being 8 feet and not above 

20 feet in length, and not exceeding 3^ inches 
thick, (except deals not above 10 feet in length, 
and not more than inch thick,) from Europe 
in British ships ... per 120 

* -, in foreign ships . do. 

* -, above 7 inches wide, being 8 feet and not above 

20 feet long, and exceeding 3% inches thick, - 
from Europe, in British built ships. per 12Q 

♦ --, in foreign ships . do. 

♦ -, above 7 inches wide, exceeding 20 feet in length, 

and not exceeding 4 inches thick, from Europe in 

British built ships..... per 120 

in foreign ships. do. 


-, above 7 inches wide, exceeding 20 feet-jn length, 
and exceeding 4 inches thick, from Europe, in 

British built ships, .. per 120 

in foreign ships. do. 


and deal' ends of all sorts from British colonies in 
America, and imported directly thence... per 120 

--;-, from American States, imported 

in British built ships per 120 
-, in American ships. do. 


{t^=> See the note on Wood from America. 
♦Deal-ends, above 7 inches wide, being under 8 feet long, 
and not above 3£ inches thick, from Europe, 

in British built ships . ; per 120 

jf_-, in foreign ships... do. 

♦ -—, above .7 inches wide, being under 8 feet long, 

and above inches thick, from Europe in 

British built ships . per 120 

-, in.foreign ships. do. 


♦Deer or Buck skins, undressed . ... per skin 

♦•----, Indian, half-dressed, [44] ... do. 

See Skins. 

Diagredium, or Scammony. See Scammony. 

Diamonds, [45] 


♦Diaper tabling, of the manufacture of the Batavian Re¬ 
public, not exceeding ell in breadth, 

per yard 

- 1 -, above !-£ ell, but under2 ells in breadth, do. 


Duty. 
£. s. d. 

3 3 4 


3 5 0 


6 8 0 
6 12 6 


12 16 0 
13 0 0 


15 16 10 

16 5 0 


30 17 10 

31 7 6 

0 5 0 

0 5 0 
0 15 0 


2 3 6 

2 5 0 


4 4 
4 7. 
0 0 
0 0 


dutyfree. 


0 3 0 
0 3 6 


Drawback. 

£. s. d, 

2 10 6 


2 10 6 


3 17 0 
3 17 0 


7 14 0 
7 14 0 


8 110 
8 11 0 


17 2 0 
17 2 0 


1 5 8 
1 5 8 



0 2 2 ' 

0 2 6 


~-;- - —:— 

IMPORT LAWS. 

[43] Exempted from the additional duty imposed in lieu of Convoy Duty, by 43 Geo. 
III. c. 70. 

[44] B> half-dressed, is meant, the having undergone no other operation than that of 
taking oif the hair: 28 Geo. HI. c. 37. § 7. 

[45] Diamonds, pearls, rubies, emeralds, &c. were formerly under no restrictions of 
entry, &c. upon importation; and were importable from any places, in any ships. But, 
as duties were granted, by 43 Geo. III. c. 68, on precious stones and jewels, except dia^ 
monds, the same are in future to be entered and landed gs other goods. 






































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS 


IMPORTS. 

♦Diaper tabling, 2 ells and under 3 ells broad ... per yard 

* -, 3 elisor more in breadth.. do. 

---> ot Russia. See Russia Linen. 

* -> of Silesia making, or of any other place 

not otherwise described . per yard 

* -, towelling andnapkining of the manufacture of the 

Batavian Republic, . .t. per yard 

————— -, of Russia. See Russia Linen. 

* -of Silesia making, or of any other place, 

not otherwise described. per yard 

*Dice . per pair 

♦Dimity, plain white, imported by the East-India Compa¬ 
ny, duty on warehousing. per cent, ad vat. 

—*--, home cons, duty, [46J do. 

£3* See East-India Goods imported. 

4-Dittany .... per lb. 

♦Dog-fish skins in the hair, and not in any way dressed, 
- in a British built ship .... per doz. 

* -, in a foreign ship . .... do. 

♦Dog-stones, not exceeding 4 feet in diameter, above 6 

and under 12 inches in thickness per pair 
♦Down ....... per lb. 

* -, of Muscovy or Russia, in foreign ships . do. 

♦Drawings, coloured . each 

* -—, plain, ... do. 

♦Dressing boxes . per cent, ad vat. 

♦Drillings and Packduck .. per 120 ells. 

Dripping-pans, not importable for sale. See Andirons. 
♦Drugs, [47] not particularly enumerated or described, 

per cent ad vul. 

* -manufactured, [48] not otherwise particularly 

enumerated or described, imported by the East- 
India Co. duty on warehousing per cent, ad vul. 

- - > home cons, duty do. 

See East-India Goods imported. 

* -, unmanufactured, [49] not otherwise particularly 

enumerated or described, imported by the East- 
India Co. duty on warehousing per cent, ad val. 

-, home cons, duty do. 

See East-India Goods imported. 

Duck. See Sail Cloth. 

Dutch yarn. See Razv Linen Yarn. 

IMPORT LAWS. 


Duty. 

Drawback. 

£. 

s. 

d. 

£. 

s. 

d. 

0 

3 

10 

0 

2 

10 

0 

5 

6 

0 

4 

4 

0 

1 

6 

0 

0 

11 

0 

1 

0 

0 

0 

8 

0 

0 

7 

0 

0 

5 

0 

15 

9 




2 

10 

0 




50 

0 

0 




0 

0 

6 

'/ 0 

0 

2 

0 

0 

6 




0 

3 

3 

0 

1 

9 

3 

5 

0 

2 

10 

0 

0 

0 

8 

0 

0 

5 

0 

0 

9 

0 

0 

5 

0 

1 

8 




0 

0 

10 




35 

0 

0 

25 

0 

0 

2. 

16 

0 

2 

4 

4 

35 

0 

0 

25 

0 

0 

2 

0 

0 




50 

0 

0 




2 

0 

0 




35 

0 

0 





[46] The drawbacks upon these duties are payable upon exportation within one year 
after payment of the full duties, if the goods have been printed, painted, stained, or dyed, 
in this kingdom : 39 Geo. III. c. 59.—43 Geo. III. c. 68. 

[47] For the duties and drawbacks on drugs, see their respective names in the alpha*- 
betical arrangement; but observe that Jesuits’ or Peruvian bark, sarsaparilla, balsam of 
Peru and Tolu, and all other drugs, the grozvth and product of America, may be imported, 
from any British plantations in America, in ships legally navigated, upon payment of the 
same duties as from the places of their growth : 7 Anne, c. 8. § 12. 

[48] Under this denomination of Drugs manufactured, the following articles were for¬ 
merly comprehended, viz. aqua fortis, fossil alkali, goa-stones, oils chemical, tincture of 
rhubarb, and all other tinctures; but most of them will now be found particularly specified 
in the alphabetical arrangement. 

[49] Under this denomination of Drugs unmanufactured, the following articles were for¬ 
merly comprehended, viz. aloes from the Cape, arsenic, cassia minea, cardainom-seeds, 
castor-seeds, garden-seeds, gum copal, Jesuits’ beans, Jesuits’ bark, or cortex peruviana, 
nux vomica, rag-pearl, seed-pearl, stags’ horns or harts’ horns, squinanthum, terra japo- 
ziica, turbith, thapsia, and unknown drugs, but most of them will now be found, parti¬ 
cularly specified in the alphabetical arrangement. 









































26 CUSTOM-DUTIES, DRAWBACKS, AMD IMPORT-LAWS. 



Duty. 

Drawback. 

IMPORTS. 

£. s. d. 

£ • f • (£• 

E. 

*Earthcn-\vare not otherwise enumerated, per cent, ad val. 
East-country linen. See German Linen. 

East-India goods imported. [50] 

* -, prohibited to be used in Great Britain, 

0 

0 

0 

40 0 0 

[51] duty on warehousing per cent, act val. 

2 10 0 



IMPORT LAWS. 

[50] By the 39th Geo. III. c. 59, East-India goods imported have undergone very con¬ 
siderable alterations as to the duties and drawbacks. It places almost the whole of the 
India imports under an extensive system of warehousing. By it, all goods, with a few ex¬ 
ceptions, after the 31 st of August, P799, are permitted to be warehoused, upon the Com - 
puny securing to pay, by bond, in four months after their respective sales, certain ad valo¬ 
rem duties, no part of which is drawn back upon exportation. The exceptions, by 43 
Geo. III. c. 68 , are bullion, cotton wool, saltpetre, and tea. The duties are denomi¬ 
nated in our alphabetical arrangement, against each article, duty on warehousing. The 
goods are sold by the East-India Company, to purchasers, clear of tills duty, as it is 
included in the sale-price. Purchasers may export any of such goods directly from the 
Company’s warehouses, without payment of any other duties; remarking, however, that if 
exported to Europe, it must be in vessels of 100 tons or upwards: but, if any of such 
goods be taken out for home-consumption by the purchasers or proprietors thereof, they 
(and not the Company) are previously to pay, to the proper officer of the Customs, the 
several duties as expressed against the different articles in our alphabetical arrangement, 
and there denominated hnme-ronsumplion duly. By this regulation all drawbacks are abo¬ 
lished, except upon the following articles, viz. muslins, plain j Nanquin cloth j muslins or 
white calicoes, flowered or stitched ; plain white caticoes ; plain white dimities j and tea ; 
which drawbacks are expressed against those articles respectively. Doubts having since 
arisen whether this regulation affected the Excise-duties payable upon certain goods im¬ 
ported, it was declared, by 39 and 40 Geo. III. c. 59, that the Excise-duties upon spirits, 
wine, glass, cocoa-nuts, and coffee, were neither repealed, nor in any wise altered by the 
said regulation. 

The effects of this regulation are equal to an extension of the Company’s capital, as it 
relieves them from the deposit of the former high duties payable upon home-consumption. 
So, likewise, the receiving of those duties from the purchasers, only when actually taken 
out for that purpose, is an equal relief to their capitals. Thus it may be said that Govern¬ 
ment is creditor for those duties (keeping the goods as security for them), until the moment 
when the merchant finds it convenient to dispose of those goods in the home-trade of the 
country ; but not demanding them at all, if exported. 

[51] Under this denomination of Goods prohibited., the following articles are compre¬ 
hended. viz. arras, allejars, atchabannies, abbawers, atlas cuttanecs, bejutapauts, byranT^ 
pants, brawles, bandannoes, Bombay stuffs, carridarries, chiliaes, chintz pieces or rem¬ 
nants, cotton romals, chilloss, coopees, cu-ffitaes, callawapores, cotton romal handkerchiefs, 
chandcrbannies, cherconnaes, chucklaes, cuttanees, dickmonsoys, dvsooksoys, dimities 
painted, elatches, ginghams striped or coloured, guinea-stuffs, gurrahs soot, gold atlas, 
habassies, herba lungees, jilmils, jamwares flowered, jamdannies flowered, kissasoys, king- 
cobs, long-cloths blue, lemmanies, lungies, nillaes, niccannees, neganepauts, photacs, 
poises, peniascoes, palampores, painted gauze silk, romals, sastracundies, sannoes, seer¬ 
suckers, silk handkerchiefs, silk stockings, sictersoys, sooseys, shalbafts, silk skeins, 
silk wrought, 4affaties, tepoys, tapscils, tuta-humsey, lustrings, and all coloured goods, 
either striped, stained, printed, or clouded. See note [54] as to the ports and ships into 
and out of which they may he imported and exported. 

The Lords of tlve^Treasury may license any of the above articles, and also arrangoes, 
cowries, and tea, to be imported by the East-India Company from anv part of Europe not 
within his Majesty’s dominions, in Bri ish-built ships legally navigated, for supply of the 
African trade, and for the supply of tea for home-consumption. On failure of the Com¬ 
pany supplying the market, the licence is grantable to othqr persons: 5 Geo. III. c. 30 j 
11 Geo. I. c. 30 j 13 Geo. II. c. 26; and 16 Geo. III. c. 51. 

The Commissioners of the Customs may permit prohibited East-India goods, ware¬ 
housed, to be removed for exportation, by land carriage, to the ports of Liverpool, Lam- 
•caster, and Bristol; 41 Geo. Ill, (U, K.) c, 21, 








CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS 


27 


IMPORTS. 

* East-India manufactured goods of all sorts, not otherwise 

particularly enumerated or described, im¬ 
ported by the East-India Company [5‘2] duty 

on warehousing . percent, ad vat. 

-, home consumption duty, do. 

See East-India Goods imported. 

* - nmanufactured goods .of all sorts', not other¬ 

wise particularly enumerated or described, 
imported by the East-India Company [53] 

per cent, ad vat. 

m —' ' ■-, home cons, duty ......... do. 

See East-1 nd'ut'Goods imported. 

- wrought silks. [54] 

East-Indies. [55] 

*Ebony of the British Colonies or plantations in Africa or 
America, imported directly thence 

per ton of 20 not. 

* -, imported by East-India Company, duty on ware¬ 

housing ... .per cent, ad vat. 

-, home consumption duty . per ton 


Duty. 

c£. (. d. 


2 0 0 

50 0 0 


2 0 0 
20 0 0 


0 12 9 

2 0 0 

5 0 0 


Drawback. 
<£. s. d. 


IMPORT LAWS. 

[52] Under this denomination of Manufactured goods, the following were formerly com¬ 
prehended viz. amber beads, artificial flowers, bamboe achar, butterflies and insects preserved, 
carpets of Turkey, cornelian stones, coral beads, China ink, cane blinds, cane hats, cane 
mats, cherong, copper enamelled, curry-stuff, Chinese musical instruments, Couchon 
cloth, drawers and cabinets of black and sandal wood, fans, fireworks, glass bottles, glass 
wares, handles lor knives, ivory toys, India glue, kittisols, leaves for making curry-stuff, 
landscapes in stone, mother-of-pearl beads, necklaces, and counters, and other articles of 
.mother-of-pearl, mocha and cambay stones, mangoes, pickles, painted bamboo sticks, 

paper prints, rice flowers and images, See. rose-wood furniture, sov, shawls, sugar brown, 
skins dressed, Turkey carpets, vermicelli, wrought copper, wood frames carved and gilt, 
walking-sticks inlaid, wax of bees white; hut some of these will be found particularly 
specified in the alphabetical arrangement. 

[53] Under this denomination of Unmanufactured goods, the following were formerly 
comprehended : viz. agates rough small and large, birds’ nests, bamboe pieces, bamboe 
reeds, camels’ hair, cashew-nuts, Chian pepper in the pod, ebony wood, ginger, India 
weed, paddy, reed canes, rough pebbles, rose-wood, sandal-wood, sea-horse teeth, sea- 
shells rough, tigers’ teeth, tigers’claws, tutenague, tortoise-shells, tobacco, wax of bees yel¬ 
low ; but some of these will now be found, particularly specified, in the alphabetical 
arrangement. 

[54] East-India w’rought silks, Bengals, and stuffs mixed with silk or herba, of the 
manufacture of Persia, China, or East-India, and calicoes, printed, painted, dyed, or 
stained, there (principally enumerated in the note [51] on prohibited goods), may not be 
imported, unless into London, and warehoused for exportation: 11 and 12 Will. III. 
c. 10. By 39 Geo. III. c. 59. § 16, 17, none of these articles, after seizure and sale, may 
be exported to any part of Europe in vessels under 100 tons burthen; nor may they be ex¬ 
ported except from the port of London, for, if seized' at any out-port, they must be re¬ 
moved to London previously to exportation. By 43 Geo. III. c. 68. Handkerchiefs of silk 
may, however, be imported for home consumption, after a certain time, upon the conditions 
mentioned hereafter. See note on Handkerchiefs of Silk. 

[55] East-India commodities may be brought in British-built ships, legally navigated, 
from the usual places of lading to the eastward of the Cape of Good Hope, although the 
same be not the very places of growth : 12 Car. II. c. 18. And, by 35 Geo. III. c, 95. 
(continued by 42 Geo. III. c. 20. § 6, during the East-India Company’s exclusive trade), 
the East-India Company may import goods from India and China, by authority of the 
Privy Council, in ships not British-built, nor registered and navigated according to law, 
provided they shall have been built .within the territories of the India Company, or in 
ports under the protection of the British flag in the East-Indies, upon payment of duties, as 
if imported in British-built ships : and the said ships may export, from this kingdom to 
British settlements in the East-Indies, or within the limits aforesaid, any goods, &c c. except 
ordnance and military stores. 


























2S CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS, 


IMPORTS. 


Duty.. Drawback. 
£. s. d. £. s. d. 


*Ebony of any other place, or otherwise imported, 


per ton 

*Eels, quick. (See Fish) . per ship-load 

*Eggs. (See Provisions) . ... per six-score 

*Eleborus or Helebore.. P er 

^Elephants’ teeth .... P eY cxvt ‘ 

--imported by the East-India Company, 

duty on warehousing, per cent.advai. 
-, home consump. duty. per curt. 


See East-India Goods imported. 

*Elks’hair.-.... . do. 

*Elk-skins, undressed. (See Skins,) in a British built ship 

per skin 

--, in a foreign ship. do. 

imported by East-India Company, duty on 

warehousing.* percent, ad val. 

-—, home cons, duty . per skin 

See East-India Goods imported. 
^Embroidery, foreign. [56] 

^Emeralds, Rubies, and all other precious stones and jewels 
. (except diamonds) per cent, ad val. 


^Emery-stones .*. per czct. 

^Enamel . per lb. 

Enulae Campanae Radix. See Radix. 

Eringii Radix. See Radix. 

^Ermine, or Annin, skins, undressed. per skin 

See Skins. 

^Essence of Bergamot. per lb. 

*.- of lemons . do. 

- -- of spruce .. per cent, ad val. 

- not otherwise enumerated . do. 

*Estridge-wool, in British built ships . per curt. 

*— -, in foreign ships ..... do. 

—-- feathers. See Ostrich feathers. .. 

*£uphorbium ... per lb. 

Europe. [57] 


Ewers, not importable for sale. See Andirons. 


15 4 3 

8 0 0 
0 0 6 
0 0 2 
2 7 0 

2 0 0 
2 7 0 

0 10 6 

0 0 7 

0 i 0 

2 0 0 
0 0 7 


5 0 0 
0 1 0 
0 4 3 


0 0 4 

0 2 6 
0 2 6 
35 0 0 
35 0 0 
0 4 8 

0 10 0 

0 0 3 


12 5 0 

0 Q 1 
1 4 5 


0 0 8 
0 1 6 


0 0 3 

0 1 4 

0 1 4 

25 0 0 

25 0 0 


0 0 2 


0 


IMPORT LAWS. 

[56] Embroidery and fringe, foreign, of silk, thread, or either of them, are prohibited 

to be imported or used, on penalty of forfeiture and 100/. 13 and l4Car. II. c. 13. See 

likewise Gold or Silver Thread. 

[57] The commercial intercourse of the United Kingdom of Great Britain and Ireland 
with foreign European countries may be reduced to the three following rules; viz. 

First. As to the ships: —No goods or commodities, being the growth, product, or ma- 
. nufacture, of Muscovy, or of any territories belonging to the Emperor of Russia; nor 
any sort of masts, timber, pr boards, foreign salt, pitch, tar, rosin, hemp, flax, raisins, 
figs, prunes, olive-oils, corn or grain, sugar, pot-ashes, wines, vinegar,, or spirits called 
aqua vit* or brandy-wine, (being the growth, product, or manufacture, of Europe) may 
be imported, but in British-built ships ; or in British ships owned by British subjects; 
or in ships of the built of any country in Europe belonging to the sovereign of that 
European country of which such goods are the product; or of the usual ports of shipping 
them for transportation ; all legally navigated. Currants and commodities, of the growth, 
&c. of the Turkish empire, are importable only in British built ships; or in ships of the 
built of the country of which the goods are (he produce ; or of the usual ports of shipping 
them for transportation. This first rule is founded on the 12 Car. II. c. 18, amended by 
27 Geo. III. c. 19. § 10. 

Secondly. As to certain goods , from certain places : —No sort of wines, (other than 
Rhenish), no sort ofspicery, grocery, tobacco, pot-ashes, pitch, tar, salt, rosin, deal-boards. 






































CUSTOM-DUTIES* DRAWBACKS* AND IMPORT-LAWS. 


29 


* 


IMPORTS. 


Duty. 

<£. s. 


d. 


Drawback. 

<£. s. d. 


F. 


Fan-mounts of leather . per cent, ad val. 

Faro raisins. See Raisins. 

^Feathers, for beds, [5S]. per czot. 

*■ - 1 of Muscovy or Russia, in foreign 

ships . per czct. 

-, of ostriches and vultures. See Ostrich and Vul¬ 
ture feathers. 

--, not otherwise described . per cent, ad val. 


, of any sort, excepting ostrich, imported by 
East-India Company, duty on warehousing, 

per cent, ad val. 


home consumption duty. 

See East-India Goods imported. 


do. 


*Fechia ashes... per czvt. 

^Fennel-seeds. per lb. 

^'-Fenugreek... per ciot. 

Fiddles, for children. See Toys. 

*Figs, in a British built ship, [59] ... do. 

* -, in foreign ships... do. 

^Filtering stones . per cent, ad va/. 

* Fire-forks, not importable/or sale by aliens. See Buckles. 
^Fire-wood, in British built ships, per fathom 6 feet zvide and 

6 feet high 

* -, in foreign ships . per fathom 

* - 0 f the British colonies in America, per fathom 

6 feet zvide and 6 feet high 

* -, from Am. States, in British-built ships per fath. 

-,-, in American ships . do. 

See the note on Wood from America. 


9 0 0 0 

1 15 6 

1 37 4 

35 0 0 


25 0 0 

1 3 5 

1 3 5 

25 0 0 


2 0 0 

35 0 0 


0 4 6 
0 0 2 
0 4 6 


0 2 0 
0 0 ) 
0 2 3 


0 13 4 
0 13 9 

35 0 0 


0 9 2 

0 9 2 

25 0 0 


0 5 10 0 3 10 
0 6 0 0 3 10 


0 0 6 
0 0 6 
0 1 1 


IMPORT LAWS. 

fir-timber, or olive-oil, may be i mported from the Netherlands or Germany, upon any 
pretence, in any sort of ships or vessels whatsoever (13 and 14 Car. II. c. 11 ) : except fir- 
timber, fir-planks, masts, and deal-boards, the product of Germany, which are importable 
from any place in Germany by British subjects in British-built ships, legally navigated 
(6 Geo. I. c. 15. § 2) : M ine, the growth of Hungary, which may be imported from 
Hamburgh (1 Anne, st. I. c. 12): and wines, of Hungary, the Austrian dominions, or 
any part of German}', which are importable from the Austrian Netherlands, or from any¬ 
place subject to the Emperor of Germany or house of Austria, in any such ships as are 
described in the first rule: 22 Geo. III. c. 78. § 2. and 27 Geo. III. c. 19. § 10. 

Thirdly. As to articles unrestrained :—Bullion and prize-goods, and all other goods and 
commodities of the growth, &c. of Europe (nor being prohibited absolutely to be imported, 
nor specified in the two preceding rules), may be imported from any country or place, in 
any sort of ships, owned and navigated in any sort of manner. The reasons of this rule 
are clear: the 12 Car. II. c. 18. § 15, exempts bullion and prize-goods ; and, as there are 
no statutes affecting the import of European articles, beside those mentioned in the two first 
rules, it follows, that all others are unrestrained. 

The only other branches of European commerce are the Home and Coasting 1 rode, and 
the Home Fisheries; the first of which is confined to British-built ships, or British ships 
owned by British subjects, legally navigated (12 Car. JI. c. IS. § 6 ): and the latter to 
British-built ships, legally navigated, and fitted out under the regulations of the various 
acts of parliament for the several fisheries. 

[58] The duty on feather-beds is payable according to the quantity of feathers contained 
therein. 

[59] Bv 33 Geo. III. c. 70 (which lowered the duty on figs), no allowance is to be 
made upon figs receiving damage in the course of the voyage, as is customary upon all other 
goods, except M'ine, tobacco, raisins, and currants, by 27 Geo. III. c. 13. § 33. Figs are 
importable only in such vessels as are described under the article Raisins : but they arc 
prohibited from Germany and the Netherlands. See Grocery. 



































30 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


IMPORTS. 

♦Fir-quarters, 5 inches square, and under 8 inches, or if 
24 feet long or upwards, from Europe, in 
British built ships .. per 120 

♦ --, in foreign ships. do. 

♦ -, under 5 inches square, and under 24 feet 

long, from Europe, in Brit, built ships per 120 

♦ -, in foreign ships . do. 

fr.i.' . ii -, of all sorts, under 8 inches square, from 

American States, in Biitish built ships 

per 120 

-___- } in American ships. do. 

See the note on Wood from America. 

♦ -, of alb sorts, under 8 inches square, of Bri¬ 

tish colonies in America. per 120 

♦Fir-timber, 8 inches square or upwards, from any part 
of Europe, (except fir-timber of Norway, not 
exceeding 10 inches square, and imported 
directly thence,) in British built ships 

per load of 50 cubic feet 

♦ —- —, in foreign ships... per load 

-, 8 inches square, and under 10 inches (being 

Norway fir-timber,) in British built ships [60] 

per load 

♦.-, in foreign ships.. do. 

X -, 10 inches square or upwards, of Norway in 

British built ships... per load 

♦ -, in foreign ships .... do. 

X -, of the British colonies in America, and im¬ 

ported thence, 8 inches square of upwards, 
per load of 50 cubic feet 

♦ -- } from American States, in British built ships, 

per load 

- --in American ships . do, 

{£|p See the note on Wood from America. 


Fish) fresh, British taken, [61] . 

-, salted, [62] British taken. . 

Fishing-nets. See Rags. 

Fish-oil. See Oil , train. 

♦ Fisher-skins, undressed. (See Skins,) . prr piece 

♦Fitches-skins, undressed. (See Skins.) . per skin 

♦Flag or wisk brooms . per doz. 


Duty. 

Drawback 

£. s. d. 

<£. s. d. 

7 10 0 

3 17 0 

7 12 6 

3 17 0 

2 15 8 

1 10 11 

2 .16 8 

1 10 11 

0 10 0 

_ 

1 0 0 


0 10 0 


1 0 0 

0 9 8 

1 0 9 

0 9 8 

0 9 0 

0 6 4 

0 9 4 

0 6 4 

1 0 0 

0 9 8 

1 0 9 

0 9 8 

0 1 6 

— 

0 1 6 


0 3 6 

— 

duty free. 


do. 

t 

0 1 6 

0 1 3 

0 0 2 

0 0 1 

0 0 5 

0 0 1 


IMPORT LAWS. 

[60] This description of Fir Timber is exempted from the additional duty in liea of 
convoy-duty, bv 43 Geo. III. c. 68. 

[61] If imported in British vessels, owned, registered, and navigated, according to law, 
are free, even without entry. No herring, cod, pilchards, salmon, or ling, fresh or 
salted, dried or bloated) nor any grill, mackarel, whiting, haddock, sprats, coal-fish, 
gull-fish, congers, fial-fish, nor any oilier sort of fresh fish, are importable into England, tf 
taken by, bought of, or received from, any foreigner, or out of any strangei’s bottom, ex¬ 
cept protestant strangers inhabiting this kingdom, on penalty'of 20/. (I Geo. I. st. 2. 
c. 18.) The acts of 15 Car. 11. c. 7, and 18 Car. II. c. 2, annexed the forfeiture of fish 
and vessel to such importations; which forfeitures arc supposed to exist in addition to the 
penalty of 20/. But eels, stock-fish, anchovies, sturgeon, botarge or caviar, lobsters, and 
turbots, are importable by any persons : 1 Geo. I. st. 2. c. 13. 

[62] By 41 Geo. III. c. 77, and 42 Geo. III. c. 20, salted or pickled salmon, or salted 
dry cod-fish, taken and cured at Newfoundland, or the coast of Labrador, by British sub¬ 
set?, may be imported into Great Britain and Ireland, till 24th June, 1808, without duty. 








































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 31 


IMPORTS. 

Flanders linen. See Linen , Flanders , Holland, &c 

— 4 — tiles, to scour with . per 1000 

♦FUinnel . per yard 

Flasks, [63] 

*Flax dressed, [64] in British built ships . per czvt, 

* -~-, in foreign ships. do. 

- - -) rough or undressed [64] . * . do. 

See East-India Goods imported. 

—-— seed. See Linseed. 

* Flint-stones, for potters ... per ton of 20 cwt. 

♦Flocks . p er cw t , 

♦Flores Chamcemeli or Camomile flowers ....._ per lb. 

♦Flower-roots, trees, or plants. per cent, ad val. 

♦Flowers, artificial, not made of silk. do. 

Forcers, not Importable for sale. See Andirons. 
Forest-seed. See Garden-seed. 

♦Fossils, not otherwise described . per cent. ad val. 

♦Founders’ wares, not importable for sale , by aliens. 

See Buckles. 

Fowls. See Provisions. 

♦Fox-skins, undressed . per skin 

* -tails. . . . . per cent, ad val. 

{£1=* See Skins. 

♦Frames for pictures, prints, or drawings per cent, ad val. 

♦Frankincense . . ... per cict. 

French linen. See'Linen, Flanders , Holland and French. 

-yarn. See Raw linen yarn. 

Fringe, foreign. See Embroidery , foreign. 

♦Furriers’ waste; fit only for glue, ... per czvt. 

Furs. See Skins. 

* Furze-seed . do. 

♦Fustic . per 20 izvt. 

See Wood from America. 


Duty, 


Drawback. 

£. 

s. 

d. 

£. 

s. 

d. 

0 

17 

9 

0 

11 

o 

0 

0 

9 

0 

0 

5 

6 

12 

3 

4 

17 

0 

6 

17 

6 

4 

17 

0 

0 

0 

3 




0 

1 

3 

* 


0 

11 

3 

0 

7 

10 

0 

0 

2 

0 

0 

1 

20 

0 

0 

15 

0 

0 

35 

0 

0 

25 

0 

0 

20 

0 

0 

15 

0 

0 

0 

0 

4 

0 

0 

4 

35 

0 

0 

25 

■ 0 

0 

35 

0 

0 

25' 

0 

0 

0 

6 

2 

0 

3 

2 

0 

12 

3 




0 

0 

4 




0 

15 

0 





G. 

Gad steel. See Steel. 

♦Galanga, from place of growth . per lb. 

♦-, from any other place . do. 

is. --, imported by the East-India Company, duty on 

warehousing.. percent, ad val. 

*--, home consump. duty . per lb. 

See East-India Goods imported. 


0 0 3 
0 0 8 

2 0 0 
0.0 3 


0 0 2 
0 0 4 


IMPORT 'LAWS. 

£63] Flasks, in which wine or oil are imported, are, by 27 Geo. III. c. 32. § 9, and 
43 Geo. Ill c. 68, duty free. 

[64] FJax and hemp are importable only in British-built ships; or in British ships 
owned by British subjects ; or in ships of the built of the same country as the goods ; or of 
some country in Europe belonging to the sovereign of that European country of which the 
goods are the produce; or of the usual ports of shipping them for transportation; all 
legally navigated; on forfeiture of goods and vessel: 12 Car. II. c. 18, and 27 Geo. III. 
c. 19. However, by 35 Geo. III. c. 100 (continued by 42 Geo. III. c. 16, till 3th 
July, 1802), flax and flax-seed may be imported in any vessels belonging to states in. 
amity, and navigated by foreign seamen, subject to the same regulations as if imported ia 
vessels of the built of the same country as the goods. 



































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS 


mj x/ 


IMPORTS. 

♦ Galbanum, from place of growth.... per lb. 

--, from any other place. do. 

- --, imported by the East India Company, duty 

on warehousing ... per cent ad val. 

* ---, home consump, duty. per lb. 

See East-India Goods imported. 

♦Galley-tiles ... per foot square 

♦Galls . per cwt. 


See East-India Goods imported. 

Gamboge. See Cambogium. 

Game. See Provisions. 

* Garden-seed, or Forest-seed, not particularly enumerated 
or charged with duty. per lb. 


See East-India Goods imported. 

♦Garnets, rough. do. 

See East-India Goods imported. 

*-—, cut .... do. 

See East-India Goods imported. 


♦Gauzes of thread . per cent, ad val. 

Geldings. See Horses. 

Gem. See Sal. 

♦Geneva (subject also to Excise) ... per gallon 

S e e Spirits. 

♦Gentian ... . peril. 

♦German, Switzerland, East-country, (except Russia,) and 
Silesia, linen, or cloth, plain, above the breadth 
of 31 finches, and not exceeding 36 inches 

per 120 ells 

♦ -, above 36 inches in breadth. per do. 

♦ - f not above 31 § inches in breadth .... do. 

Germany. '[65] 

Gibraltar. See Morocco. 

♦Ginger, dry, of British plantations. per cwt. 

♦ -, not of British plantations . do. 

-, imported by East-India Company,, duty on 

warehousing. par cent, ad val. 

* -, home consumption duty. ......per lb. 

See East-India Goods imported. 

8^* See Grocery. 

♦ -, preserved. do. 

See East-India Goods imported. 

♦Ginseng . do. 

See East-India Goods imported. 

Girdles, prohibited. See Ribands. 

♦Girdlers’ wares, not importable for sale by aliens. 

See Buckles. 

Glass beads, under the same restriction as Bugles. 

♦ - bottles. See Bottles. 

♦ -, broken, to be re-manufactured. per cwt. 


Duty. 
£. s. d. 
0 0 7 
0 1 4 

2 0 0 
0 0 7 

0 0 4 
0 5 0 


0 0 3 
0 5 8 
0 16 10 
40 0 0 


0 1 0 
0 0 2 


3 15 6 
5 16 3 
1 15 9 


0 14 0 
1 12 8 

2 0 0 
0 14 0 


0 0 9 

0 0 10 


0 1 9 


Drawback. 
£. s. d. 
0 0 3 

0 0 8 


0 0 3 


0 0 l 
0 3 11 
0 119 
30 16 8 

0 0 8 
0 0 1 

2 16 5 
4 9 5 
17 7 

0 10 6 
1 6 0 


0 0 4 
0 0 8 


0 1 0 




IMPORT LAWS. 

[65] Certain articles are prohibited to be imported from Germany and the Netherlands, 
which are fully enumerated in the second import-rule under the word Europe ; and the 
prohibition is likewise noticed under those respective articles in the alphabetical arrange^ 
riieuf, \ ‘ ‘ . 




































CUSTOM-DUTIES* DRAWBACKS, AND IMPORT-LAWS. 33 


IMPORTS. 

*Glass, plate glass, and all other glass manufactures, not 
otherwise described, [66] (subject also 
to Excise)... per cent, ad val. 

* -, manufactures of, not otherwise described, import¬ 

ed by East-India Company, duty 
on warehousing (subject also to 

Excise) .. per cent, ad val. 

-, home conshmp. duty do. 

-, painted, not importable for sale by aliens. See 

B tickles. 

* -, paintings On glass, imported by East-India Com¬ 

pany, duty on warehousing 

per cent, ad val. 

-, home consump. duty do. 

* Glovers’ clippings, lit only for glue .. per cwt. 

Gloves. [67] 

*Glue . do. 

Goats’ hair. (See Carmenia wool.) 

* -skins, undressed, in British built ships. per doz. 

* - 1 —, in foreign ships . do. 

* -, tanned.. do. 

See Skins. 

Gold. See Bullion and Plate. 

Gold, beaten. [68] 

Gold-beaters’ wares. [68] 

Gold or silver thread. [69] 

Gold plate. See Plate. 

Goloches or Corks, not importable for sale. See Andirons. 
*Goods, wares, and merchandize, being either in part or 
wholly manufactured, not prohibited to be 
used in Great Britain, other than those 
which are particularly enumerated in the 
alphabetical arrangement per cent, ad val. 

* -, impoi'ted by East-India Co. do. 

* -—, unmanufactured, and not prohibited 

to be used in Great Britain, other than those 
which arc particularly enumerated in the 
alphabetical arrangement per cent, ad val. 


Duty. 
£. s. d. 


70 0 0 


2 0 0 

70 0 0 


2 0 0 

50 0 0 

0 3 0 

0 7 0 

0 1 8 

0 7 9 

2 2 0 


35 0 0 

50 0 0 


20 0 0 


Drawback, 
£. s. d. 

43 0 0 


0 1 3 

0 4 0 

0 5 0 

0 15 0 


25 0 0 


15 0 0 


IMPORT LAWS. 

[66] By 38 Geo. III. c. 33, every package imported, containing plate glass, crown 
glass, or sheet glass (unframed), must be marked on the outside with the word GLASS, 
in Roman letters, not less than 4 inches long, or else the package and its contents will be 
forfeited. And every package must contain not less than five hundred weight, under for¬ 
feiture; unless the glass consist of plates of 60 inches or more in length. 

[67] Gloves or mitts of silk, and silk stockings, foreign-manufactured, are prohibited to 
be imported, on penalty of 200/. on the importer, and the goods forfeited; 5 Geo. III. 
c. 48. A similar prohibition and penalty on importation of leather gloves or mitts,.by 
6 Geo. III. c. 19. Gloves in general, made in foreign parts, are not importable for sale , 
as Bits, which see. Glovers’ wares are not importable for sale by aliens , as Buckles x 
which see. 

[68] Gold beaten wrought in papers for painters, and gold-beaters’ wares, are not im¬ 
portable/or sate by aliens. See Buckles. 

[69] Gold or silver thread, lace fringe, or other work made thereof; or any thread, 
lace fringe, or other work, made of copper, brass, or any other inferior metal, or gold 
or silver wire or plate, foreign embroidery, or gold or silver brocade; are prohibited to 
be imported upon penalty of 100/. on the importer, and the goods forfeited and burnt: 10 
Anne, c, 26. § 65: 15 Geo, II. c» 20; and 22 Geo. II. c. 36. 























34 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


IMPORTS. 

♦Goods, wares, and merchandize, unmanufactured, import¬ 
ed by East-India Company per cent, ad val. 

♦ -.-, prohibited to be used, but imported 

from Europe, under licence for exportation 
to Africa, and not otherwise enumerated in 
the alphabetical arrangement per cent, ad val. 

♦ --—.-, from United States of America, not 

otherwise enumerated, and not prohibited 
to be used, &c. See American States. 

♦Grains, Guinea . P er M. 

♦Grapes . .... per cent, ad val. 

-, Rape of. See Rape of Grapes. 

f ♦Grates, not import, for sale by aliens. See Buckles. 

Grave stones. See Stones. 

♦Grease ... per cwl. 

♦Greaves, for dogs. do. 

Greenland Seas. See Davis’s Streights. 

Gridirons, not importable for sale. See Andirons. 
Grocery. [70] 

*Grogram-yarn. per lb. 

Guernsey, Island of. See Alderney and Convoy-duty. 
♦Guinea pepper . per lb. 

♦ -wood, or red wood, for dyers. per ion 

♦Gum Ammoniacus, from place of growth . per lb. 

♦ --, from any other place. do. 

♦ -, imported by East-India Company, 

duty on warehousing^ per cent, ad val. 

-, home cons, duty . per lb. 

See East-India Goods imported. 

♦—— Animi.... do. 

{£3* See East-India Goods imported. 

♦ -Arabic . per cwt. 

See East-India Goods imported. 

-Armoniac. See Gum Ammoniacus. 

♦ -Cashew . per cwt. 

♦ -, from American States, in British built ships, 

per cwt. 

♦ ---in American ships do. 

♦ -, imported by East-India Company, duty on 

warehousing... percent, ad val. 

-home consumption duty do. 

♦ -Copal .... per lb. 

{£3* See East-India Goods imported. 

♦ -Elemi .... do. 

' ftdr 1 See East-Indiu Goods imported. 

♦ -Guaiacum... do. 

-Lac, viz. 

if -Cake-lac ... do. 

{£3* See East-India Goods imported. 


Duty. 

£. s. d. 

20 0 0 


2 10 0 


0 0 3 

35 0 0 


0 1 0 
0 1 2 


0 0 10 


0 0 
1 3 
0 0 
0 1 


2 0 0 
0 0 6 


0 0 
0 4 


Drawback. 

£. s. d. 


0 4 2 

0 4 2 
0 4 7 

2 0 0 
0 4 2 
0 0 10 

0 0 4 

0 10 

0 0 2 


0 0 2 
25 0 0 


0 0 10 

0 0 7 

0 0 2 

0 0 3 

0 0 S 

0 0 2 



IMPORT LAWS. 

[70] The following articles are comprehended under the denomination of grocery: viz. 
almonds, anniseeds, currants, dates, figs, ginger, liquorice-juice powder and root, pepper, 
pimento, plums dried, prunes, raisins of all sorts, sugar-candy, and sugars. Their duties 
and drawbacks, with their particular import regulations, will be found under their respec¬ 
tive names. Here only it may be observed, that grocery of all sorts (except anniseeds, by 
long practice) may not be imported from Germany or the Netherlands, upon forfeiture of 
the goods, the ship, and the furniture: 13 and 14 Car. II. c. 11. 









































*« * , * * * . * * * 


CUSTOM-DITTIES, DRAWBACKS, AND IMPORT-LAWS. 35 


IMPORTS. 

♦Gum-lac, Seed-lac, or shell-lac . per lb. 

{£3^ See East-India Goods imported. 

♦ -Stick-lac . per cwt. 

♦ -Opoponax, from place of growth . per lb. 

♦ -:-, not from place of growth. do. 

♦ - } imported by East-India Company, duty 

on warehousing. per cent, ad veil. 

•---, home consumption duty . per lb. 

{£fr» See East India Goods imported. 

-Sagapenum. See Gum Serapinum. 

♦ -Sandrake or Juniper . per coot. 

8^3“ See East-India Goods imported. 

-Sarcocolla, from place of growth. per lb. 

-» not from place of growth. do. 

- > imported by East-India Company, duty 

on warehousing. per cent, ad vai. 

-home cons, duty. per lb • 

8^* See East-India Goods imported. 

-Senega, from place of growth... per cwt. 

- , from Europe, [71] . do. 

imported by the East-India Company, duty 


on warehousing 
-, home cons. 


per cent, at vul. 

duty . per cwt. 

8^ See East-India Goods imported. 

-Serapinum or Sagapenum, from place of growth 

per lb. 

-, not from place of growth . do. 

- 1 imported by East-India Company, duty 

on warehousing . per cent, ad val. 

- > home consumption duty . per lb. 

8C3* See East-India Goods imported. 

♦ -Tacamahaca . per lb. 

♦ -Tragacanth, from place of growth . do. 

* -, not from place of growth . do. 

* -, imported by East-India Company, du¬ 

ty on warehousing ... per cent. ad. val. 

-, home consumption duty. per lb. 

{£3* See East-India Goods imported. 

* -, not particularly described, or otherwise 

charged . per cent, ad val. 

See East-India Goods imported. 
♦Gunpowder, viz. Corn-powder . per cwt. 

♦ ---- Serpentine-powder .. do. 

See Arms. 


H 


Hair, 


See the respective species under the articles 
Camels’ hair, Cow or Ox hair , Elks ’ hair , Goals’ 
hair, Horse-hair, and Human hair. 

* -, not otherwise described . per cent, ad val. 

♦Hair-powder .... per cwt. 

♦ -:-, perfumed. do. 

Hammers, not importable for sale. See Andirons. 

♦Hams (See Provisions) .... per cwt. 


Duty. 
£. s. d. 

0 0 3 

0 4 8 

0 2 0 
0 4 10 

2 0 0 
0 2 0 


0 10 6 

0 0 5 
0 1 3 

2 0 0 
0 0 5 

0 4 2 
1 0 0 

2 0 0 
0 4 2 


0 0 5 
0 1 3 

2 0 0 
0 0 5 

0 1 0 
0 0 6 
0 1 0 

2 0 0 
0 0 6 


35 0 0 

2 4 8 
-1 7 10 


Drawback. 
£. s. d. 
0 0 2 


0 1 0 
0 2 8 


0 4 8 

0 0 3 
0 0 8 


20 0 0 
6 0 0 
8 8 0 

2 16 0 


0 0 3 
0 0 8 


0 0 6 
0 0 2 
0 0 6 


25 0 0 

1 11 3 
0 19 6 


IMPORT LAWS. 

[71] The importation of this gum from Europe is permitted by 25 Geo, II. c. 32, by 
British subjects in British-built ships, legally navigated. 
























































36 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS, 


IMPORTS. 

^Hand-baskets . per doz. 

* -scoops, or scoops of wood ... do. 

^Handkerchiefs of silk, printed, stained, painted,.ordyed, 

imported by East-India Company [72], 
duty on warehousing ... per cent, ad val. 

.-home consumption duty do. 

Handles for knives, made in foreign parts, are not im¬ 
portable for sale. See Bits 
^'Handspikes, under 7 feet long, in British- built ships 

per 120 

* -, in foreign ships . do. 

* -, of, and directly from, British Colonies in 

America . do. 

* -, under 7 feet long, from American States, in 

British-built ships. per 120 

-in American ships. do. 

* - } 7 feet long or upwards, in British-built ships 

do . 

* -, in foreign ships. do. 

* -_ } of, and directly from, British Colonies in 

America. do. 

-, from American States, in British-built 

ships .. do. 

* ---, in American ships . do. 

8^ See the note on Wood from America. 
Hangers; not importabl a for sale by aliens. See Buckles. 
Hardware. See Buckles. 

*Hare -skins, undressed (See Skins) . per 100 

^Hares’ wool . per ciot. 

Harness for girdles and horse-harness, made in foreign 
parts, are not importable for sale. See Bits. 

^Harp-strings '... per 12 dozen knots 

^Hart or stag-horns .. per 100 

Hats, bast or straw. See Bast or Straw hats , &c. 

-, chip or cane. See Chip or Cane hats, &e. 

* - or "bonnets, made of or "mixed with felt, hair, wool, 

or beaver . per hat 

*Hay . per load of 36 trusses, each truss 56 lb. 

Headings. See Staves. 

Head-matter. See Oil. 

^Heath for Brushes ... per ciet. 

♦Hellebore. per ib. 

♦Hemp, dressed, in British built ships .. per ciot. 

-—, in foreign ships. do. 

♦.-, undressed, in British built ships . do. 

* -, in foreign ships . do. 

* - } of British plantations in America per ton of 20 ciot. 

* - y from American States, in British built ships, 

per ton 

* -, in American ships do. 


Duty. 


Drawback, 

£. 

s. 

d. 

£. 

s. 

d. 

0 

1 

0 

0 

0 

8 

0 

1 

2 

0 

0 10 

2 

0 

0 




x2 5 

0 

0 




0 

14. 

6 

0 

9 

6 

0 

15 

0 

0 

9 

6 

0 

1 

4 

—. 


0 

1 

4 * 



0 

2 

9 



, 

1 

-9 

0 

0 

19 

0 

1 

10 

0 

0 

19 

0 

0 

2 

8 

— 


0 

2 

8 



0 

5 

6 

— 


0 

3 

4 

0 

0 

8 

0 

13 

4 




0 

3 

6 

0 

2 

£ 

0 

1-2 

6 

0 

4 

5 

1 

1 

0 

0 

10 

C 

0 

14 

0 



0 

5 

8 

0 

3 

11 

0 

0 

2 

0 

0 

1 

2 

18 

2 

1 

19 

0 

3 

1 

10 

1 

19 

0 

0 

5 

6 

0 

3 

4 

0 

5 

8 

0 

3 

4 

0 

5 

0 




0 

5 

0 




0 

5 

6 





IMPORT LAWS. 

[72] By 43 Geo. III. c. 68. § 36. From the ratification of the definitive treaty of 
peace w ith Fiance, the East-India Company may sell for home-consumption or exporta¬ 
tion Warehoused silk handkerchiefs, subject to these duties. Provided, however, that the 
company shall not, in any one year, sell, or expose to sale, more than 50,000 pieces, of 
’the usual length, and of the sorts usually exposed to sale. 
















































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 37 


IMPORTS. 

*Hemp, undressed, or any other vegetable substance of 
the nature of undressed Hemp, and applicable to 
the same purposes, from the countries within the 
exclusive trade of the East-India Company, 

duty on warehousing . per cent, ad vai. 

■ - —-* home consumption duty . per ton 

See the article Flax, as to. ships which may 
import hemp. 

*-Hemp-seed . ]>er quarter of 8 bushels 

*—■-, of, and from, British colonies in America 

per quarter 

Hemp-oil. See Oil. 

*Hermodactyl .... per lb. 

Herrings. See the note upon Fish. 

Hessens. See Canvas. 

*Hides buffalo, bull, cow, or cx, in the hair, and not any 
way dressed, in foreign ships per piece 

*-, in British built ships .. do. 

*■-, imported by East-India Company, duty on 

warehousing .. per cent, ad val. 

home consumption duty per piece 


*_ 


-, tanned . per lb. 

-, from American States, in British buiit 

ships . per piece 

but in American pay additional per doz. 
of horses, mares, and geldings, in the hair, in fo¬ 
reign ships ...V per pie e 

-*-, in British built ships. do. 

--—, imported by East-India Company, 

duty on warehousing per cent, ad val. 
home consumption duty per piece 


Hilts, 


-, from American States, in British 

built ships . per piece 

but in American, pay additional per doz. 

-, tanned ... per lb. 

-, Losh-hides. do. 

Muscovy or Russia hides, tanned .. do. 

-, raw or undressed, and not otherwise described, 
from British colonies in America per cent, ad val. 
ox^ pieces of hides, raw or undressed, and not 

otherwise described, &e. per cent, ad val. 

- 1 -, imported by East-India Company, 

duty on warehousing per cent, ad val. 

—-:- home consumption duty do. 

---, from American States, in British 

built ships . per cent, ad val. 

-in American ships. do. 

or pieces of hides, tanned, tawed, or dressed, not 
otherwise particularly enumerated or described, 
&c.*.. —. per cent, ad vai. 

See East-India Goods imported. 


made in foreign parts, are not importable for sale. 
See Bits. 

^Hinges and garnets, not importable for sale by aliens. 

See Buckles. 

Hogs. See Cattle and Provisions. 

*Hog’s lard. per czvt. 

Holland-linen. See Linen ,i Flanders. 

Holy-water stops, not importable for sale by aliens. 

See Buckles, 


Duty. 

Drawback. 

£. s. d. 

£. s. d. 

2 0 0 


0 5 0 

— 

0 10 8 

0 9 2 

0 0 5 

— 

o 

0 0 2 

0 1 4 

0 0 8 

0 0 6 


2 0 0 

—. - _ - 

0 0 6 


0 0 6 

— 

0 0 6 


0 0 7 

— 

0 1 4 

0 0 8 

0 0 6 

— 

2 0 0 

- 

0 0 6 

— 

0 0 6 

- 

0 0 7 


0 0 6 

— 

0 1 0 

— 

0 0 10 


3 12 0 

— 

20 0 0 

15 0 0 

2 0 0 


30 0 0 

— 

3 12 0 


3 19 «2 


90 0 0 

25 0 0 

0 4 8 

— 
























































38 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


IMPORTS. 

♦Hones . per 100 

♦Honey, [73] ... per civt. 

♦Hoops of iron ... do. 

♦ : - of wood ... per 1000 

*Hops, [74].<•. per c.iot 

♦Horns of buffaloes* cows, or oxen . per 100 

♦ - of harts or stags . do. 

♦ - not otherwise described . per cent, ad vnl. 

♦ -, manufactured, imported by the East-India Coinp. 

duty on warehousing . per cent, ad vat. 

-home consumption duty do. 

♦ -, unmanufactured, imported Gy East-India Com¬ 

pany, duty on warehousing. per cent, ad val. 

-home-consumption duty do. 

See East-buiia Goods imported. 

♦ - tips of. per 100 

♦ - for lanterns and homers’ wares, not importable for 

sale by aliens. See Buckles. 

♦Horse-hair ....;. per cent, ad val. 

-hats or bonnets. See Chip, Cane, or Horse-hair 

hats. 

- hides. See Hides. 

♦Horses, mares or geldings ... each 

♦Human hair... per lb. 

♦Ilungary-water, (subject also to Excise,) . per gallon 

♦Hurers’ wares, not importable for sale by aliens. 

See Buckles. 

♦Husse-skins, undressed, (Sec Skins,) . per skin 

&CP See East-India Goods imported. 

Husks or knubs of silk. See Silk knubs. 


I. 


See 


Images, painted, not importable for sale by aliens. 

Buckles. 

Incense. See Olibanum. 

♦Incle, unwrought, or short spinnel . per lb. 

♦ -, wrought . do. 

Indian corn, or maize, pays the same respective duties as 

Barley, agreeably to the price of barley at 
the place of importation. See Barley. 

—-—ground. See Corn ground, and Provisions. 

-hides. See Hides. 

♦ - rubbers or burrachas ..*... per lb. 

♦Indigo .. pee 100 lbs. 

♦ -,imported by the East-India Company, pays duty, 

either for exportation or home consumption, 

per 100 lbs. 

♦ -, produce of American States in British ships do. 

♦ -, in American ships . - do. 

♦Ink, for printers... per czvt. 

Ipecacoatihae Radix. See Radix. 

♦Iris-root. See Orrice*root. 


Duty. 


Dxl 

wback. 

£. 

s. 

d. 

£. 

s. 

d. 

0 

14 

2 

0 

10 

0 

0 

9 

4 

0 

3 

4 

0 

14 

0 

— 


0 

7 

10 

0 

5 

3 

5 

5 

0 

4 

4 

0 

0 

3 

4 

0 

1 

8 

0 

12 

6 

0 

4 

5 

20 

0 

0 

15 

0 

0 

2 

0 

0 




50 

0 

0 




o 

0 

0 




20 

0 

0 




0 

1 

2 

0 

0 

6 

20 

0 

0 




3 

0 

0 




0 

2 

6 




0 

3 

4 

0 

2 

6 

6 

0 

3 

O 

0 

2 


0 0 5 
0 3 0 


0 0 2 
0 12 6 


0 10 5 
0 12 6 
0 13 9 
0 12 6 


0 2 0 


0 0 1 


0 7 10 


IMPORT LAWS. 

fSl ?"' elVe P ounds avoirdupois-weight is allowed to he a gallon of honey. - 
L<4] It imported unclean, corrupt, or mixed with powder, dust, dross, sand, or soil, 
they are forfeited. 1 Ja. I. c. 18. § 2; 3 Car. I. c. 4. § 22; 16 Car. I. c . 4. § 2. 






































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


33 


IMPORTS. 

♦iron, in bars, or unwrought, viz. 

♦iron,. of the produce of British colonies in America, and 

imported directly thence [75] . per ton 

-, of Muscovy or Russia, in British built ships do. 

-, in foreign ships . do. 

-, of any other country, in British built ships do. 

-, in foreign ships . do. 

from American States, in British built ships 

per ton 

but in American ships. do. 

-y in rods, or if drawn or hammered, less than £ of an 
inch square, of Muscovy or Russia, in British built 

ships . per cwt. 

-, in foreign ships. do. 

-y of any other country . do. 


♦ -, cast .... per cent, ad vqI. 

- hoops for casks. See Hoops. 

♦ - ore.. per ton 

♦ -, old broken, and old cast iron . do. 

♦ -, pig, of the produce of British plantations in Ame¬ 

rica, and imported directly thence [75] do. 

♦ -, not ©f the British plantations. do. 

♦ - ■ -, from American States in British built ships do. 

but in American ships . do. 

♦ - wire . per cwi. 

♦ - wares, not importable for sale by aliens. 

See Buckles. 

♦Isinglass from British plantations in America per ewt. 

♦ - - not of the British plantations . do. 

♦Ivory... per lb. 


J. 

♦Jalap . do. 

Jamaica wood. See Brazilletto wood. 

♦Japanned or lacquered ware, imported by East-India Co. 

duty on warehousing. per cent, ad vai. 


---home consumption duty do. 

See East-India Goods imported. 
Jersey. See Alderney, and Convoy-duty. 
Jessamine oil. See Oil. 

Jesuits Bark. See Cortex Peruvianus. 


♦Jet ... per lb. 

♦Jet-beads... do. 

Jewels. (See Emeralds, &c.) 

Joiners’ wares, not importable for sale by aliejis. 

See Buckles. 

♦Juice of lemons, limes, or oranges.. per gallon 

♦Juniper-berries... per cwt. 

Junk. See Rags. 


Duty. 

£. s. d. 


Drawback. 
£. s. d. 


0 13 0 

3 17 8 

4 12 6 

3 17 8 

4 10 3 


2 12 8 
2 12 8 
2 12 8 
2 12 8 


0 13 0 
1 0 9 


0 11 6 
0 12 0 
011 6 
35 0 0 

0 5 0. 
0 10 0 

0 4 6 
0 10 6 
0 4 6 
0 6 6 
3 13 0 


0 4 8 
0 14 0 
0 3 0 


0 1 0 


2 0 0 
50 0 0 


0 9 5 
0 9 5 
0 9 5 
25 0 0 

0 2 6 

0 5 0 

2 14 0 

0 2 0 

0 0 6 


0 1 0 0 0 8 
0 1 10 013 


0 0 6 0 0 3 

0 6 0 0 3 3 


IMPORT LAWS. 

[75] By 23 Geo. III. c. 29, and 30 Geo. III. c. 16, pig and bar iron were allowed to 
be imported into Great Britain free of duty, upon certificate, from the place of exportation, 
of its being plantation iron, properly stamped ; and the master making oath that it was 
the same that was shipped ' f otherwise subject to duty. The 43 Geo. III. c. 68, imposed 
the duty above-mentioned. 





































40 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


IMPORTS. 

K. 

*Kelp .. . per ton 

Keys, not importable for sale by aliens. See Buckles. 
Kidney beans. See Gar den-seed and Provisions. 
♦Kid-skins, in the hair . P er 100 

* -dressed (See Skins) .. do. 

Kits of wood. See Pails of wood. 

♦Knees of oak, [76] under 5 inches square, in British built 

ships .. . per 120 

*— -, in foreign ships.• do.. 

* -5 inches and under 8 inches square, in 

British built ships. per 120 

* ---, in foreign ships . do. 

* _, of all sorts under 8 inches square from 

American States in British built ships do. 
but in American ships. do. 

* _ y 8 inches square, or upwards, from Ame¬ 

rican States in British built ships 

per load of 50 cubic feet 

but in American ships. per load 

Seethe note on [PoodJromAmerica. 

* - } 8 inches square, or upwards, in British 

built ships, per load of 50 cubic feet 

* -, in foreign ships . do. 

* _, of the British colonies in America, under 

' 8 inches square . per 120 

-- 8 inches square or upwards . do. 

Knives. [77] 

♦Knubs or husks of silk . per lb. avoird. 

See East-India Goods imported. 


Duty. 
£, s. d. 


1 2 8 


0 1 0 
111 0 


7 4 

7 8 

0 0 

2 6 

5 0 

8 4 


0 3 4 

0 5 2 


0 19 0 

10 0 

0 5 0 
0 3 4 

0 1 10 


L. 

Lac. See Gum lac. 

♦Lace, viz. Silk lace .. per cent, ad val. 

♦ -, thread lace, not more than 20s. per yard in value, 

per cent, ad val. 

♦ -, exceeding 20s. per yard in value . per yard 

Laces. [78] 

♦Lacquered ware, imported by East-India Company, duty 

on warehousing,. per cent, ad val. 

-home consumption duty do. 

Ladles, not importable for sale. See Andirons. 

Lamb, salted or otherwise. Sec Cattle great, and Pro¬ 


visions. 

Lambs. See Cattle and Provisions. 

♦Lambs* wool, or sheeps’ wool ... per cwt. 

♦Lamb-skins, undressed in the wool .. per 100 

♦ -, dressed in alum, salt, or meal . do. 

♦ -.-in oil . do. 

♦ -, slink, undressed. (See Skins,) . do. 


20 

20 

0 


2 

50 


0 

0 

0 

2 

0 


0 0 

0 0 
4 0 


0 0 
0 0 


4 8 

5 9 
19 2 
11 0 

1 10 


Drawback. 
£. s. d. 


0 15 O 


0 113 


0 3 1 

0 3 1 

1 10 6 
1 10 6 


0 9 2 

0 9 2 


0 1 5 


0 2 1 
0 5 10 
1 1 8 
0 1 1 


IMPORT LAWS. 

[76] Knees of oak, of 8 inches square or upwards, are accounted oak-timber, and pay 
accordingly. See Oak~tirnber. 

[77] Knives and knife-handles, scabbards and sheaths for knives, made in foreign parts, 
are not importable/or sale. See Bits. 

[78] Laces of leather, made in foreign parts, are not importable for sale. See Bits, 
Those of gold, See. are not importable fo) sale. See Andirons. 












































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


IMPORTS. 

* Lamp-black. per crvt. 

*Lapis Calaminaris . do, 

* --—--, imported by East-India Company, 

duty on warehousing. per cent, ad val. 

---home consumption duty . per ciot. 

See East India Goods imported. 

* -Contrayervae . per oz. troy 

* ■ ■ — —-, imported by the East-India Company, 

duty on warehousing .. percent, ad val. 

--.-- home consumption duty ... per oz. troy. 

fcsT See East-India Goods imported. 

* - Lazuli .. per il. 

* -, imported by East-India Company, duty on 

warehousing . per cent, ad val. 

-home consumption duty . per lb. 

GCf 3 See East-India Goods imported. 

* - Tutiae .,... do. 

* - t -, imported by the East-India Company duty 

on warehousing . per cent ad val. 

home consumption duty . per lb. 


See East-India Goods bnported. 

*Lard.... per czvt. 

♦Lathwood, of Europe, in pieces under 5 feet long, in 
British-built ships, 

per fathom of 6 feet wide and 6 feet high 

* -, in foreign ships. do. 

* -—>—, 5 feet long or upwards, in Bri¬ 

tish-built ships. per fathom 

* --, in foreign ships . do. 

* . .. in pieces of all sorts, from American States, 

in British-built ships 

per fathom 

but in American ships, do. 

See the note on Wood from America. 

*-•---, in pieces of all sorts, of tjie Bri¬ 

tish plantations in America, im¬ 
ported directly thence do. 

♦Latten, black ... per czvt. 

*—i-, shaven. do. 


wire ... do. 


—^- l - w'are is not importable for sale by aliens . 

See Buckles. 

♦Lavender-flowers ... v p<r 

Lavers, hanging • not importable for sale by aliens. 

See Buckles. 

♦Lawns $ Silesia and all others, plain, (except Cambrics 
and French,) not bleached in the Batavian re¬ 
public . per piece mot exceeding 8 yards 

* -, if bleached in the Batavian Republic, do. 

* -, French or Cambrics, the demi-piece 

perdemi-piece of 6^ ells 
See Cambrics. 

♦Lead-ore . per ton 

* -, black . per cwt. 

* -, red .. . . do. 

* -, white, . do. 

See East-India Goods imported. 

Leaf metal (except of leaf gold) per packet o/250 leaves 


Duty. 

£. s. d. 
2 1 0 
0 4 8 

2 0 0 
0 4 8 

0 1 0 

2 0 0 
0 1 0 

0 0 8 

2 0 0 
0 0 8 

0 0 4 

2 0 0 
0 0 4 

0 4 8 


1 10 0 
1 11 0 

2 4 6 

2 5 6 


0 3 6 

0 7 2 


0 3 6 

0 16 10 
1 10 3 
3 7 0 


0 0 5 


0 3 10 
0 4 30 

0 7 9 


Drawback. 
£. s. d. 

1 13 3 


0 0 6 


0 0 4 


0 0 2 


0 18 11 
0 18 11 

1 8 4 

1 8 4 


0 0 3 


0 12 3 

1 0 4 

2 9 8 


0 0 3 


0 2 10 
0 3 7 

0 5 0 

0 15 8 
0 0 6 
0 2 5 
0 2 11 

0 0 2 

























































42 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


IMPORTS. 

♦Leather manufactures, or any manufacture whereof lea¬ 
ther is the most valuable part, not other¬ 
wise particularly enumerated, per cent, ad val. 
♦Leaves of gold . per 100 leaves 

♦ -of roses or violets . per lb. 

♦ Lemons .. per 1000 

-, juice of. See Juice. 

♦ -, pickled . per tun of 252 gallons. 

♦Lentiles, (see Provisions,') . per bushel 

^Leopard-skins, undressed, (See Skins,') . per piece 

See East-lndia Goods imported. 

Levant Seas. See Streights and Wine. 

♦Lignum Quassia . per curt. 

♦ -Rhodium. See Rosezvood. 

♦ - Vitae, of the British plantations or settlements in 

Africa or America, and imported thence 

per ton 

♦ -, from American States, in British built 

ships . per ton 

but in American ships. do. 

8^=* See the note on Wood from America. 

♦ Linen, Flanders, and linen of the manufacture of the Ba¬ 

tavian Republic, plain, not otherwise enumerat¬ 
ed, viz. 

——, not exceeding 1| ell in breadth . per ell 

-, above If- and under two ells. do. 

——, 2 ells and under 3 ells .. do. 

-, 3 ells or upwards . do. 

—, not being chequered or striped, or not being 
printed, stained, or dyed, after the manu¬ 
facture, or in the thread or yarn, before the 
manufacture, and not otherwise described 

per cent ad val. 

♦ -, chequered, printed, or dyed, &c. [79J not pro¬ 

hibited Ur be imported or used in Great Bri¬ 
tain, not otherwise particularly enumerated 

per cent, ad vul. 

Linen-yarn. Sec Raw linen-yam . 

Linn-boards. See Boards. 

♦Linseed ... per bushel 

♦ - cakes, (See the notes on Rape-cakes,) per czvt. 

’’‘Lion-skins, undressed, (See Skins,) . per piece 

♦Liquorice-juice' .. per czvt. 


— powder 
root 


8^ See Grocery. 


do. 

de. 

do. 

do. 

do. 


♦Litharge of gold . 

♦ - ( of silver 

♦ Litmus*.. ... 

Lobsters. [80j . 

Lockets, made in foreign parts, are not importable for 

1 sale. See Bits. 

Locks, not importable for sale.' See Andirons. 

♦ Logwood, for dyers . per 2D cwt. 


Duty. 


Drawback 


dutyfree. 


0 5 6 


£. 

s. 

d , 

£. 

s. 

90 

0 

0 

25 0 

0 

1 

6 

0 

1 

0 

0 

4 

0 

0 

0 

11 

8 

0 

6 

2 

4 

8 

1 

13 

0 

4 

0 



0 

8 

9 

0 

6 

2 

16 

0 

1 

8 

0 

6. 

8 



0 

6 

8 



0 

12 

4 



0 

1 

8 

0 

I 

0 

1 

11 

0 

J 

0 

2 

2 

0 

1 

0 

3 

2 

0 

o 

40 

0 

0 

30 

16 

90 

0 

0 

25 

0 

0 

0 

3 

_ 

0 

1 

0 



0 

3 

6 

0 

2 

1 

14 

6 

■ - 

3 

6 

0 

2 

11 

1 

14 

6 

1 

a 

0 

1 

0 

l°° 

0 

0 

0 

0 

2~ 

10 

4 

0 


IMPORT LAWS. 


4.1 VI r v/Iv 1 w o. 

[79] Linen, planted or stained, is also subject to the duty of Excise, 

[80] By 1 Geo. I. st. c. 18. § 10, lobsters may be imported freely by any persons 
whatever, in any ships whatever, even without entry, duty-free. 























































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 43 


IMPORTS. 

London Port-Duty, [81] payable by all vessels en¬ 
tering inwards, or arriving in the port of Lon¬ 
don, from the following places ; and also pay¬ 
able by all vessels clearing outwards, or de¬ 
parting from the port of London, to any of the 
following places, viz. 

«- Adriatic sea, or countries bordering on it, per ton 


Africa. do. 

Alderney, Isle of....'. do. 

American States. do. 

American British colonies . do. 

Antwerp. do. 

Azores . do. 

Baltic, any country within .. do. 

Brabant . do. 

Bremen . do. 

Canary Isles . do, 

China . do. 

Courland . do. 

Denmark. do. 

East-lndia . do. 

Finland . do. 

Flanders . do. 

Florida .’. do. 

France, within Ushant . do. 

-—, between Ushant and Spain ...... do. 

-, within the Mediterranean. do. 

Germany, bordering on the German Ocean 

do. 

Gibraltar .. do. 

Greenland . do. 

Guernsey . do. 

Hamburg . do. 

Holland, or United Provinces . do. 

Holstein . do. 

Ireland. v ... do. 

Jersey . do. 

Lapland, this side of the N. Cape . do. 

-, beyond the N. Cape. do. 

Livonia. do. 

Louisiana . do. 

Madeira Islands . do. 


Duty. 
<£. s. d. 


0 0 
0 0 3| 
0 0 l| 
0 0 2 § 
0 0 2i 

0 0 H 
0 0 2* 
0 0 2 
0 0 II 
o 0 li 
0 0 2^ 
0 0 3 .| 
0 0 2 
0 0 \\ 
0 0 3i 

0 0 2 
o o 14 
0 0 21 
0 0 \\ 
0 0 2f 
0 0 3£ 

o o H 

0 0 3 £ 
0 0 3 ^ 

0 0 li 

0 0 I i 
o o U 
o 0 H 
o o li 
oo ii 
o o 14 
0 0 2 
0 o 2 
0 0 34 

0 0 2] 


Drawback; 
<£ • s. d. 


IMPORT LAWS. 

[81] This tonnage-duty was created 39 Geo. III. made for improving the port of Lon¬ 
don, bv means ot a navigable canal across the Isle of Dogs, and wet clocks there for the 
- West-Jndia ships. It is payable, at the time of entry inwards, or clearance outwards, at 
the Custom-house. But the following are exempted from it, viz. ships of the Royal 
navy ; ships employed coastwise in Great Britain, unless they exceed 4.5 tons, register 
tonnage; coasting corn-vessels, the principal part of whose cargo shall consist of corn; 
fishing-smacks; lobster and oister boats; vessels for passengers; and all vessels or craft 
navigating the Thames above and below London-bridge, as far as Gravesend only. This 
duty is to be taken for 14 years from 1st August, 1799; but it is, notwithstanding, to 
cerise, when there shall be created from it a sufficient fund to defray the cxpences of moor¬ 
ing-chains, salaries of harbour-masters, &c. For this duly upon coasting-vessels, see the 
heads, Coastwise Duties , hereafter, 


































































































44 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS 


Duty. 


IMPORTS. 


£. s. 


London Port-Duty, as before-mentioned, payable by 


all vessels from or to 

-Man, Isle of... per ton 

-Mediterranean, countries within. do. 

-Mexico . do. 

-Netherlands . do. 

-Norway . do. 

-Pacific Ocean, countries within. do. 

■ -Poland. do. 

-Portugal . do. 

-Prussia .». . .*. do. 

•-Russia, without or within the Baltic do. 

-Sark, Island of . do. 

■ -South America . do. 

-Spain, without the Mediterranean ... do. 

-, within the Mediterranean ... do. 

-Sweden . do. 

-United Provinces of Holland . do. 

-West Indies . do. 

- . All other places to the southward of 25 degrees 

north latitude . do. 

♦Loriner’s wares; not importable /or sale by aliens. See 
Buckles. 

Losh-hides. See Hides. * 

♦Lucerne-seed . per crct. 

♦Lutestrings or Catlings . per 12 doz. knots 

♦Lupines . per cwt. 


0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 


0 

0 

0 


0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 -\ 

0 

0 

0 

0 

0 


6 

3 

3 


d. 


U 

H 

3A 

H 

U 

2 

n 

2 

2 

n 

H 

2* 

3{ 

2 

H 

H 


o 

6 

0 


■ ■ ... — ... 

Drawback. 

£. s. d. 


0 2 6 
0 2 2 
0,1 7 


M. 

♦Mace, of and from the British Colonies in America per lb. 

♦ -, imported under licence . do. 

♦ -, imported by East India Company, duty on ware¬ 

housing ... per cent, ad val. 

-, home consumption duty . per lb. 

See Spicery. 

Madder 

♦ -, mull .... . per civl. 

♦ -, roots ... i . do. 

♦ -, of any other sort . do. 


See East-India Goods imported. 

Madeiras. See Spain. 

♦Mahogany, of the Bahamas, or British settlements in 
Honduras, or Yucatan, imported directly 

thence . per ton 

♦——-, imported not directly thence, or being of the 

growth of any other country . do. 

* -from Amer. States, in British-built ships, do. 

* -—-, but in American ships . do. 

See the note on Wood from America. 

Maize. See Indian Corn ; and Provisions. 

Malt. [82] 


0 5 4 
0 5 7 

2 0 0 
0 5 7 


0,0 4 
0 2 8 
0 2 8 


2 6 8 

4 0 0 
2 6 8 
2 114 


0 3 8 

0 3 8 


1 10 0 

3 0 0 
1 10 0 
1 10 0 


IMPORT LAWS. 


[82] Malt of all sorts is prohibited to be imported, on forfeiture of it and the vessel 
31 Geo. III. c. 30* § 15; but, as to temporary admission, see Provisions . 


























































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 45 


IMPORTS. 

Duty. 

£. s. d. 

Drawback. 
£. s. d. 

Malta, Isle of [83]. 

Man, Isle of [84]. 

Mangrove bark. See Baric. 

♦Manna . per lb. 

0 0 8 

0 0 4 

♦ , imported by tne East-India Company, duty on 

warehousing. per cent, ad val. 

2 0 0 


, home consumption duty . per lb. 

TfT See East-India Goods imported. 

0 0 8 



IMPORT LAWS. 

[S3] The 41 Geo. III. c. 103, enacted that the island of Malta and its dependencies 
should be deemed a part of Europe for all legal purposes. By this act his Majesty in 
council was empowered, for a certain period, (which has since been extended to Jan. 2, 
1804) to make regulations touching the trade to and from Malta £ and goods imported or 
exported contrary to any order in council relative thereto, shall be forfeited. 

[84] The trade of the Isle of Man is restricted by various regulations.—'First, Spirits: 
All spirits, in whatever casks, are prohibited to be imported into Great Britain from the Isle 
of Man, on forfeiture of them and of the vessel: 5 Geo. III. c. 39. No British spirits are 
importable into this island, under forfeiture of them and the vessel : t 38 Geo. III. c. 63. 
§ 1. But the Commissioners of Customs may license to be imported from any place into 
the port of Douglas, in British-built ships, legally registered and navigated, of not less 
than 50 tons burthen, a quantity not exceeding 10,000 gallons of foreign brandy, and also 
10,000 gallons of foreign geneva, in any one year, paying upon importation 3s. per 
gallon. The casks are to contain at least 100 gallons, on forfeiture of the same and vessel ; 
and the spirits are to be of no higher strength than from 1 to 9 over hydrometer-proof, on 
forfeiture thereof; neither are they to be carried coastwise, except in their original casks, 
upon forfeiture thereof, and of the vessel: 38 Geo. III. c. 63. § 2, 3, 4.—-Secondly, To¬ 
bacco ; The Commissioners of Customs, after the 10th October yearly, may grant similar 
licence for the importation into the port of Douglas, in ships of the burthen, See. as before- 
described, from any port in England, a quantity not exceeding 60,000lbs. weight in any 
one year, paying upon importation 6d. per lb. 38 Geo. III. c. 63. § 5.—Thirdly, (fine r 
A quantity not exceeding 70 tons of wine is importable yearly into Port Douglas, in simi¬ 
lar ships and under similar licence as tobacco, paying upon such importation an additional 
duty of 8/. per ton. It is importable in no cask less than a hogshead, nor removable, 
either coastwise or by land, except in its original casks, on forfeiture thereof and of the 
vessel or carriage: and coastwise removals must be in vessels of 50 tons burthen at least: 
38 Geo. III. c. 63. § 6, 7, 8.—Fourthly, Cattle: 600 head of cattle are importable 
3 'early from this island into Chester, by 18 Car. II. c. 2; 20 Car. II. c. 7; and 32 Car. 
II. c. 2. » And, by 38 Geo. III. c. 63. § 9, the Commissioners of Customs may yearly li¬ 
cense the exportation, from any one port in England, of not more than 100 live sheep, into 
the ports either of Douglas or Ramsay. It is farther provided, by 5 Geo. III. c. 43, §11, 
that bestials may be imported from this island by its inhabitants, into Great Britain, free of 
duty, upon certificate of the chief magistrate that oath has been made, before him, of 
their being the produce of that isle, and mentioning the number of bestials. The officer of 
the customs is to attest it, and the master make oath, at the port of importation, that they 
are the bestials mentioned in the certificate.—Fifthly: All other goods, the growth, pro¬ 
duce, or manufacture, of the said isle, may be imported into Great Britain without pay¬ 
ment of any other than the inland duties of Excise payable upon similar articles of Bri¬ 
tish manufacture; except, however, woollen manufactures, beer and ale, which are liable 
to all the duties upon importation; 5 Geo. III. c. 43. § 11. But this freedom of import 
thence into Great Britain does not extend to foreign goods, in part or wholly manufac¬ 
tured in the isle, except linen manufactures made of foreign hemp or flax (by § 12) ; and 
except cotton yarn and cotton cloth, the manufacture of the isle, by 38 Geo. III. c. 63. 
§15; amt which two last mentioned articles are, by § 16 of that act, prohibited to be im¬ 
ported into the Isle of Man, except from Great Britain.—Sixthly : No goods are import¬ 
able into Great Britain from the Isle of Man, but such as are of the growth, produce, or 
manufacture, of it, on forfeiture of the goods and vessel; which forfeiture is incurred if the 
vessel be found within the limits of any port in Great Britain, although bulk may not have 
been broken: 12 Geo. I. c. 28. As to the exemption from convoy-duty to and from this 
island, see the article Convoy-Duty. See also Tonnage Duty. All the regulations 
mentioned in this note, by 38 Geo. Ill, c. 36, are to continue, by 43 Geo. III. c. 29, tail 
5 July, 1804. 














46 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


IMPORTS. 

*Maps ... . each 

♦Marble basons, mortars, tables, and other polished marble 
(except grave and paving-stones, polished) 

per foot square , superficial 

X -— blocks .. per solid foot 

X — -paving-stones, rough ... per foot square superficial 

X -polished do. 

See Sculptured Marble. 

Mares. See Horses. 

♦Marmalade .. per lb. 

♦Martins’ skins (or martrons), undressed . per skin 

♦ -tails, undressed . per 100 

See Shins. 

♦Mastic, red, from place of growth . per lb. 

♦ --, not from place of growth . do. 

♦ - } imported by East-India Company, duty on 

warehousing ... per cent, ad val. 

■ - --, home consumption duty. per lb. 

See East-India Goods imported. 

X --, of any other sort, from place of growth per lb. 

x -, not from place of growth . do. 

X ---, imported by East-India Company, duty on 

warehousing . per cent, ad val. 

-t» home consumption duty .. per lb. 


{jCjr* See East India Goods imported. 

Masts, yards, or bowsprits, under 6 inches diameter. 

See Spars. 

X -, 6 inches and under 8 inches diameter, in British 

built ships . per piece 

X —-, in foreign ships. do. 

X - from Amer. States in British built ships do. 

X-. -, in American ships. do. 

X ——, 8 inches and under 12 inches in diameter, in Bri¬ 
tish built ships. do. 

—, in foreign ships . ■ do. 

—, from Amer. States in British built ships do. 

in American ships. do. 


Sc c. 12 inches or upwards in diameter, in British 

built ships . per load of 50 cubic feet 

-—, in foreign ships .'.... per load 

-, from Amer. States in British built ships do. 

—, in American ships . do. 


X -, the produce of, and imported directly from the Bri¬ 

tish colonies in America. 

X -, 6 inches in diameter and under 8 inches 

per piece 

x -, 8 inches in diameter and under 12 inches do. 

x -, 12 inches in diameter, or upwards 

per load of 50 cubic feet 
See Wood. 

♦Mats of Russia, in British built ships. per 100 

X -, in foreigu ships... do. 

X -, not otherwise enumerated . per cent, ad val. 

♦Matting of Barbary or Portugal . per yard 

X - Holland... do. 

X -, not otherwise enumerated per cent, ad val. 

♦Mattrasses... do. 

♦Maw-seed .. per ervt. 

*Mead ..... . per gall. 


Duty. 
£. s. d. 
0 0 8 


0 1 6 
0 3 4 
0 0 3 

0 0 4 


o a 
0 1 


0 10 0 


0 0 
0 1 


2 0 0 
0 0 4 

0 0 8 
0 1 10 

2 0 0 
0 0 8 


0 3 
0 3 
0 2 
0 2 


0 8 0 
0 8 6 


1 0 0 


1 0 
0 18 
1 0 


0 .2 0 
0 5 0 

0 18 9 

0 14 6 
0 15 3 

35 0 0 
0 0 0 
0 0 3 
35 0 0 
35 0 0 
0 19 0 

0 0 2 


Drawback. 
£. s. d. 


0 0 10 

0 1 >10 

0 0 1 

0 0 2 


0 0 2 
0 1 3 

0 8 4 

0 0 2 
0 0 6 


0 0 4 
0 1 0 


0 1 8 

0 1 8 

0 1 0 

0 1 0 

0 4 9 

0 4 9 

0 2 1 

0 2 1 

0 9 8 

0 9 8 

-0 9 8 

0 9 8 


0 1 0 
0 2 1 

0 9 8 

0 9 9 
0 9 9 

25 0 0 
0 0 5 
0 0 2 
25 0 0 
25 0 0 

0 14 0 





























































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 47 


IMPORTS. 

Meal. See Wheat-meal or Flour, and Provisions. 

♦Medals . per cent, adval. 

♦Medlars ...... . per bushel 

♦Melasses, of and from British plantations in America, 

per cwt. 

♦ -, from any other place . do. 

♦ - } imported by East-India Company, duty on 

* warehousing . per cent, ad val. 

-, home consumption duty . per cwt. 

♦ Melting-pots for Goldsmiths .. per 1 GO 

♦Mercury precipitate . per lb. 

♦ - sublimate ... do. 

♦Metal, viz. Bell metal . per cwt. 

♦—-leaf, (except leaf-gold,) . per 250 leaves 

♦ -, prepared for Ljattery. ,_per cwt. 

♦— - work. See Gold or silver thread. 

♦Methcglin . per gallon 

Milford, Port of. See Oil. 

Mill-boards. See Paper. 

Millinery. See Needle-work. 

♦Millet-seed, (see Provisions,) . per czvt. 

♦Millium Solis ... per lb. 

♦Mill-stones, above 4 feet diameter, or if 12 inches or 

more thick. per pair 

Mineral water. See Water. 

-♦Minerals, not otherwise enumerated per cent, ad vat. 
♦Mink-skins, dressed ... per skin 

♦ -, untawed or undressed . do. 

See Skins. 

♦Mohair yarn, (see Silk, raze,) ... per lb. 

♦Mole-skin, undressed, (see Skins) . per doz. 

♦Morels. per lb. 

Morocco. [85] 

♦Moss, viz. rock-moss-, for dy'ers. per 20 czvt. 

♦--, not otherwise enumerated . per cent, ad val. 

♦Mother-of-pearl shells, rough... do. 

♦ -, imported by East-India Company, duty 

on warehousing ......... per cent, ad val. 

—-—, home consumption duty ...... per lb. 

See East-India Goods imported : 

♦Mules . per cent, ad val. 

♦Mum (subject also to Excise) ..'. per burr, of 32 gall. 

Muscovia yarn. See Raw linen yarn. 

Muscovy. See Russia. 

♦Musical instruments .. per cent, ad val. 

♦Musk . per oz. troy 

♦ -, imported by the East-India Company, duty on 

warehousing .... per cent, ad val. 

-, home consumption duty, . per oz. troy 

{j^Jp See East-India Goods imported. 


Duty. 
£. s. d. 

35 0-0 
0 3 0 

0 4 6 
0 14 2 


2 0 0 
0 4 6 
0 1 10 
0 1 0 
0 1 0 
0 11 10 
0 0 3 

2 0 6 


0 0 2 


0 5 6 

0 0 3 

6 0 0 

20 0 0 
0 1 2 
0 0 6 

0 10 
0 0 3 
0 16 


Drawback. 
£. s. d. 

25 0 0 


0 2 8 
0 11 5 



0 4 0 
0 0 2 

3 18 0 

15 0 0 
0 0 6 
0 0 4 

0 0 6 
0 0 2 
0 1 0 


1 1 4 

20 0 0 15 0 0 


0 0 5 

2 0 0 
0 0 5 

35 0 0 

0 13 8 


35 0 0 
0 2 6 

2 0 0 
0 2 6 


0 0 3 


25 0 0 
0 7 10 


25 0 0 
0 1 4 


IMPORT LAWS. 

[85] Any goods, the produce of the Empetor of Morocco’s dominions, may be im¬ 
ported intp Great Britain from Gibraltar, in British ships legally navigated (such goods 
having been imported into Gibraltar, directly from any part of the said dominions not 
to the southward of Mogadore, either in ships British-built or British-owned, and legally 
navigated, or in ships belonging to the subjects of Morocco), on payment of the same 
duties as if directly from Africa. They must be accompanied by a certificate from the 
governor of Gibraltar, as to the fact of importation: 27 Geo. III. c. 19. 




















































/ 


4S CUSTOM-DUTIES; DRAWBACKS; AND IMPORT-LAWS. 


IMPORTS. 

♦Muslins, plain, [86] Nankin cloths, muslins or. white 
calicoes, flowered or stitched, duty on ware¬ 
housing . per cent, ad val. 

•-, hojne consumption duty [87] do. 

See Lapt-India Goods imported. 

Muslins, prohibited. Sec Calicoes. 

♦Musquash-skins, undressed, (See Skins,') per 100 skins 


♦Mustard-seed . per cwt. 

Mutton, salted or otherwise. [So] 

♦Myrobolanes, candied, from place of growth. per lb. 

♦ -, not from place of growth do. 

♦ -—-, imported by East-India Com¬ 

pany, duty on warehousing per cent ad val. 

♦ -;-----, home consump. duty per lb. 


{£3^ See East-India Goods imported. 

♦ -, dry, from pi ace of growth . per cwt. 

♦ ---, not from place of growth . do. 

♦ --, imported by East-India Company, duty 

on warehousing. percent, ad val. 

---, home consump. duty per cwt. 

See East-India Goods imported. 


♦Myrrh, from place of growth . per lb. 

♦ - i not from place of growth. do. 

♦ -, imported by East-India Company, duty on ware¬ 

housing ... percent, ad val. 

•-, home consumption duty. per lb. 

See East-India Goods imported. 
♦Myrtle-berries .. do. 

♦ -wax, or bay-wax . do. 


N. 

♦Nails of latten, with iron shanks; not importable for sale 
bp aliens. See Buckles. 

Nankin cloth. See Muslins, plain. 

Napkining. See Diaper Towelling, &c. 


♦Nardus Celtica, or Spica Romana', . per civt. 

♦Neats’ tongues, (See Provisions,) . per dm. 

Necklaces of glass. See Bracelets. 


Needles, called pack-needles, not importable for sale. 

See Andirons. 

Needle-work. [89] 


Duty. 
£. s. d. 


7 10 0 
20 0 0 


0 17 6 

0 ,3 0 

0 0 3 

0 0 8 

2 0 0 
0 0 3 

0 5 0 
0 10 0 

2 0 0 
0 5 0 

0 0 8 
0 1 9 

2 0 0 
0 0 8 

0 0 3 

0 0 6 


0 11 10 
0 1 4 


Drawback, 

£. s • d. 


20 0 0 


0 12 6 
0 2 0 

0 0 2 
0 0 4 


0 0 4 

0 1 0 


0 0 2 
0 0 4 


0 6 2 


IMPORT LAWS. 

[86] Under this denomination of muslins, plain, kc. the following goods are compre¬ 
hended: viz. allaballies, addaties, Ballasore handkerchiefs, betelliees, cossaes, chundra- 
connaes, doreas, doreas gold, jamdannies, mulmuls, nainsooks, Nankin, or Nankin cloth, 
rings, seerhaudeonnaes, seerbetties, seerbands* seershaurls, subnums, terrindans, tanjebs, 
tartores, and all white, muslins, and all goods flowered or stjehed with thread. 

[S7] The drawback of the^vhole of this duty, as inserted above, is allowed upon expor¬ 
tation within one year after payment of the full duties, if the goods, have been printed, 
painted, stained, or dyed, in this kingdom ; 43 Geo. III. c. 68. 

[88] Mutton is prohibited to be imported under similar penalties, as Cattle, great; 
which see:—32 Car. II. c. 2; but, as to temporary admission, sec Provisions. 

[89] Needle-work, foreign, made of silk, thread, or either of them, (except East-In* 
dia needle-work), prohibited to be imported on penalty of forfeiture and 1001.—13 and 
14 Car. II. c. 13. 









































CUSTOM-DUTIES, DRAWBACKS, AND'IMPORT-LAWS.' 49 


IMPORTS. 

Netherlands. See Germany, 

Neutral Ships. See note on America. 
Newfoundland, Isle of. [90] 

♦Nicaragua-wood... per ton of 20 cwt. 

See Wood from America. 

♦Nutmegs, of and from British plantations in America, 

par lb. 

* -, imported under licence ... do. 

GC? 3 See Spiccry. 

* - f imported by East-India Company, duty on 

warehousing . percent, ad val. 

- — ■ -, home consumption duty. per lb. 

GCf 3 See East-India Goods imported. 

* - } candied . do. 

* -, imported by East-India Company, 

duty on warehousing per cent, ad val. 

* — - - -, home consumption duty 

SCI 3 See East-India Goods imported. 


♦Nuts, cashew-nuts . per cent, ad val. 

♦ -, chesnuts. per bushel 

♦ -, pistachia-nuts, from place, of growth. per lb. 

♦ -, not from place of growth .... do. 

♦ -, small nuts . per bushel 

♦ -, walnuts .. do. 

♦ - », not otherwise enumerated ......... per cent, ad val. 

♦ - Vomica. per lb. 

O. 

♦Oak-bark, (when allowed,) [91] . per cwt. 

♦—-, quercitron, or black oak-bark [92] do. 

■if -. red mangrove-bark, [93] . do. 

■ - » boards. See Boards. 

—— knees. . See Knees of oaJc. 


♦- plarik, from Europe, 2 inches or upwards in thick¬ 

ness, in British built ships 

per lead of 50 cubic feet 


-, in foreign ships. per loud 

♦ ■■— — -, of all sorts, from American States, in Bri¬ 
tish built ships . per 120 

but in American ships. do. 


Duty. 

Drawback 

£. 

s. 

d. 


. s. 

d. 

0 

16 

0 




0 

2 

2 

0 

1 

10 

0 

3 

4 

0 

1 

10 

2 

0 

0 




0 

3 

4 




0 

1 

1 

0 

0 

7 

35 

0 

0 

25 

0 

0 

0 

2 

0 

0 

1 

3 

0 

0 

4 

■ 0 

0 

2 

0 

0 

10 

0 

0 

6 

0 

1 

6 

0 

0 

8 

0 

I 

0 

0 

0 

5 

35 

0 

0 

25 

0 

0 

0 

0 

6 

0 

0 

2 

0 

0 

4 




0 

0 

6 




0 

0 

3 




1 

15 

10 

0 

18 

4 

1 

17 

0 

0 

18 

4 

0 

5 

0 




0 

9 

6 

— 



IMPORT LAWS. 

£90] The bounties on the Newfoundland fishery are inserted hereafter. As to other laws 
of importand export. See Plantations British, and Fish salted. 

[91] By 12-Geo. III. c. 50, (continued by subsequent acts for seven years, from 24 
March, 1796, and thence to the end of the then next session of parliament,) oak-bark 
may be imported, when the price is 101. or upwards, per load of hatch-bark of 45 cwt.; 
or when oak-bark m the rinds is 2/. 10s. or upwards, per load of rinds, containing 30 yards, 
when set 3 rinds thick, with 2 skirts and a cover ; the prices to be upon delivery at the 
buyer’s warehouses in London, or within the bills of mortality. If imported when bark is 
under the above prices, the bark is forfeited, and a penalty of 201. is incurred by the im¬ 
porter. 

[92] By 32 Geo. III. c. 49. § 1. quercitron, or black oak-bark, for dying, may be im¬ 
ported by any persons, from any country not in Europe, in British-built ships, owned and 
navigated according to law, blit only in casks of not less than 150 lb3. net weight, upon 
payment of the duty, although oak-bark may be under the prices mentioned in the pre¬ 
ceding note. 

[93] Red mangrove-ba rk is importable only in casks of not less than 150 lbs. net weight; 
by 33 Geo. III. c. 49. § 3, 











































50 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS 


IMPORTS. 

*Oak-plank, of all sorts, the produce of, and imported- 
directly from Brit, colon, in America,per 120 
See the note on Wood from America. 

* - timber, from Europe, 8 inches square or upwards, 

in British built ships . per load 

* -, in foreign ships, . . do. 

* -, from American States in British built ships 

per load 

in American ships. do. 


See the note on Wood from America. 

* -—, the produce of, and imported directly from 

the British colonies in America, 8 inches 

square or upwards . per load 

—--, of all sorts, from Europe, not otherwise de¬ 

scribed or charged, being 8 inches square 
or upwards, in British built ships per load 

* ---, in foreign ships .*...... do. 

* ---, from British colonies, &c, . do. 

*Oaker . per civt. 

*Oakum ... per cwt. 

*Oars, from Europe/ in British built ships . per 120 

* -, in foreign ships ... . do. 

* -, from American States, in British built ships do. 

but in American ships .. do. 

See the note on Wood from America. 

* -, of the British colonies in America, and imported 

directly thence . ... per 120 

*Oats, when the price shall be under 17s. per quarter 

per quar. 

*——, when 17s. but under 18s. per quarter . do. 

* -, when at or above 18s. per quar.. do. 

8^=“ See Corn and Provisions. 

#Oat-meai when under 16s. per boll, of 140 lb. avoirdu¬ 
pois, or 128 lb. Scotch troy . per boll 

*—-, when at or above 16s. but under 17s. per boll, 

per boll 

-, when at or above 17s. . do. 

See Corn. Corn ground, and Provisions. 

Ochre. See OJser. 

Oil, viz. [94] 

*— of almonds ....,....... per lb. 

amber or succinum.. do. 

aniseed (or Oleum anisi) . do. 

bay .~.. per czet. 

cajaputa .. ' .. per cz.- troy 

carravvay ( or Oleum carui). per lb. 

cassia . per oz. troy 

castor....„...;. per lb. 

*—, chemical, not otherwise enumerated per cent, ad val. 

-, imported by East-lndia'Company, duty on 

warehousing... per cent, ad val. 

-,-, home consumption duty do. 

#—of cinnamon (or Oleum cinnamon,) [95] per oz. Iroy 
S3 3 See East-lndia Goods imported. 



Duty. 
£. s. d. 

0 5 0 


0 19 0 
1 0 0 

0 3 4 
0 5 4 


0 3 4 


1 . 0 0 

1 0 9 

0 1 6 
0 4 0 
0 3 0 
4 12 0 
4 15 0 
0 12 0 
1 1 2 


0 12 0 

0 6 7 
0 1 0 
0 0 2 


0 8 0 r 

0 1 0 
0 0 6 


0 0 4 
0 3 2 
0 2 3 
0 15 6 
0 1 6 
0 0 10 
0 1 6 
0 0 6 
35 0 0 

2 0 0 
50 0 0 
0 2 6 


Drawback. 
£. s. d. 


0 9 2 

0 9 2 


0 9 8 
0 9 8 


0 2 6 
0 2 0 
2 16 6 
2 16 6 


0 0 2 
0 1 8 
0 1 0 
0 5 10 
0 0 9 
0 0 4 
0 0 9 
0 0 3 

25 0 0 


0 1 3 


IMPORT LAWS. 

f Flash, in which wine or oil are imported, are, by 27 Geo. III. c. 32. § 9, duty 

[95] Oils of mace, cinnamon, cloves, and nutmegs, may be imported from places net 
of the growth of those respective spieef; 19 Geo. III. c. 48. 

















































* * * 


CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 51 


IMPORTS. 

♦Oil of cloves (or Oleumcaryophyllorum), [ 95~\psr oz. troy 
-, fish. See Oil, train. 

* -hempseed, . per tun of 2"52 gallons 

* -jessamine . per lb. 

* -juniper (or Oleum juniperi) .... do. 

——— linseed. See Oil of rape. 

-mace, [95] .. per oz. troy 

-marjoram, wild, (or Oleum origani,) . per lb. 

- nutmegs (or Oleum nucis muscatae liquidum [95] 

per oz. trey 

* - olives, ordinary, [96] in British built ships 

per tun of 252 gallon 


* -=-, in foreign ships . per tun 

-oranges . per lb. 

* -palm (or Oleum palmae) . per cwt. 

^— } perfumed, not otherwise enumerated .. per lb. 

*— of pine ... per cent, ad val. 

* -rape and linseed ... per tun 

♦—, rock-oil, (or Oleum petroleum,) .. per lb. 

♦— of rosemary ... do. 

* - rosewood.... do. 

*— t salad, in British built ships. per gall. 

*---, in foreign ships .. do. 

*— of sassafras (or Oleum sassafras) . per lb. 

*—, seed-oils, not otherwise enumerated.. per tun 

♦— of spike . do. 

* -succinum. See Oil of Amber. 

* - thyme (or Oleum thymae) . per lb. 

p -, train oil or blubber, viz. [97] 


Duty. 


Drawback. 

£. 

S. 

d. 

£. 

s. 

d. 

0 

0 

8 

0 

0 

4 

15 

15 

0 

12 

12 

0 

0 

2 

0 

0 

1 

0 

0 

0 

8 

0 

0 

4 

0 

1 

0 

0 

0 

6 

0 

1 

7 

0 

0 

10 

0 

1 

0 

0 

0 

6 

9 

12 

6 

6 

4 

9 

10 

1 

10 

6 

4 

9 

0 

1 

11 

0 

1 

0 

0 

9 

0 

0 

4 

8 

0 

2 

0 

0 

1 

o 

35 

0 

0 

25 

0 

0 

28 

11 

6 

22 

9 

0 

0 

0 

5 

•' 0 

0 

. A 

0 

1 

0 

0 

0 

6 

0 

11 

6 

0 

3 

4 

0 

2 

6 

0 

1 

11 

0. 

2 

7 

0 

1 

11 

0 

1 

4 

0 

0 

8 

16 

14 

0 

12 

14 

0 

0 

0 

7 

0 

0 

3 

0 

1 

7 

0 

0 

10 


r . . ■ — — ■ 1 1 1 ' " "" —- 11 ' " ' 

IMPORT LAWS. 

[96] Olive-oil is not importable from Germany or the'Netherlands, on forfeiture of the 
same and vessel; 15 and 14 Car. II. c. 11. But from any other place, only in British-built 
ships; or in British ships owned by British subjects ; or in ships of the built of the same 
country as the goods; or of some country in Europe belonging to the sovereign of that 
European country of which the goods are the produce ; or of the usual ports of shipping 
for transportation ; all legally navigated ; on forfeiture of ship and goods ; 12 Car. II. 
c. 18 ; and 27 Geo. III. c. 19* 

[97] Whale-fins, oil or blubber of whales, seal-oil or seal-skin9, or any other produce of 
seals, or any other fish or creatures, taken or caught in any part of the ocean, by British 
subjects usually residing in Great Britain or Ireland, Guernsey, Jersey, Alderney, Sark, 
or Man, in- vessels built in either of those places, owned, registered, and navigated ac¬ 
cording to law, were formerly importable into Great Britain, free of duty., provided that 
the master of the vessel made oaith that the same were bona fide so caught and taken ; and 
provided also that a log-hook shall have been constantly kept on board, in which the va¬ 
rious situations and occurrences during the voyage shall have been daily inserted; and 
particularly the times when in sight pf land, distinguishing what land, and the bearings 
and distances thereof ; and also the soundings, the time when, and the latitude in which 
any whale, &c. shall have been caught : which log-book, verified by oath of the master 
and mate, shall be delivered at the time of reporting to the collector of Customs for his in¬ 
spection : 26 Geo. III. c. 50 : and 32 Geo. III. c. 22. § 4.—And by 31 Geo. III. c. 26. 
(continued till June 24, 1804,) this liberty of freely importing seal-skins was extended to 
seal-skins, caught as aforesaid, and cured with foreign salt ; which salt has been taken on. 
board at sea from the Cape-de-Verd Islands, or places adjacent, upon the master making 
oath thereto on arrival, bounties are payable to vessels employed in the southern whale- 
fishery, Greenland-sea fishery, Newfoundland-fishery, and the herring-fishery, as men¬ 
tioned hereafter under the head of Bounties. &cc. The duties in the tables were imposed 
under similar restrictions by 43 Geo. III. c. 68. 

Whale-fins, oil or blubber of whales, seal-oil, or seal-skins, or any other produce of 
seals, or other fish or creatures, taken or caught in the Greenland-seas, Davis’s Streights, 
































52 CUSTOM-DITTIES, DRAWBACKS, AND IMPORT-LAWS 


IMPORTS. 

*Oil, train oil, or Blubber of Newfoundland, of Brit, fishing, 

[98] per tun of <25% gallons 

-of any other sort, of British fishing, per tun 

*—, Spermaceti-oil, or head-matter, of British fishing, do, 

* -of foreign fishing, do. 

* ---, of the fisheries of American 

States, imported thence in British 

built ships . per tun 

but in American ships do. 

, train-oil, or fish-oil, of British fishing. do. 

* ---, of foreign fishing. do. 

*—, train-oil, or blubber, or fish-oil. of American States 

imported thence in British-built ships per tun 

* -, in American ships do. 

* -of turpentine, ... per Jb. 

* -vitriol (or Oleum vitrioli) . f. . do. 

*—, walnut-oil ... per gall. 

*—, not particularly enumerated or charged 

per cent, ad val. 

, imported by East-India Company and not otherwise 

enumerated ... per cent, ad val . 

{Cf* See East-India Goods imported. 

*— cloth, not exceeding yard-wide .. per ell 

* -, exceeding yard-wide . do. 

♦Oisters . .. ... per bushel 

*Oker .. i per ciot. 

*01ibanum, or incense, from place of growth .... do. 

* -:- 1 no t from place of growth. do. 

*—.— - } imported by the East-India Company, duty 

on warehousing.. per cent, ad val. 

•—-— -, home consumption duty . per czct. 

fid See East-India Goods imported. 

^Olives . per gall. 

*01ive-wood, the produce of the British plantations or 
settlements in Africa or America, and im¬ 
ported directly thence. per 20 act. 

•it -, of any other place, or otherwise imported 

per 20 act. 

* . ■■—, from Am. States in British-built ships do. 

but in American ships do. 
fid See the note on Wood from America. 

^Onions . per bushel 

^Onion-seed . per act. 


Duty. 

£. s. d. 

0 4 3 
0 10 6 
2 2 0 
22 1 0 


22 1 0 
24 5 1 

0 15 9 
21 0 0 

21 0 0 

23 2 0 

0 0 3 

0 0 2 
0 2 6 

35 0 0 

50 0 0 

0 0 5 
0 0 9 
0 0 8 
0 4 0 

1 5 4 

5 11 6 

2 0 0 

1 5 4 

0 1 -0 


0 7 6 

5 3 4 
0 7 6 

0 17 11 

0 0 6 

1 4 6 


Drawback. 

£. s. d. 


14 14 0 


14 14 0 
14 14 0 

14 0 0 

14 0 0 

14 0 0 

0 0 1 
0 1 6 

25 0 0 


0 0 3 
0 '0 6 



0 0 6 


3 1 0 


0 15 8 


IMPORT LAWS. 

or seas adjacent, by British subjects usually residing in Great Britain or Ireland, Guernsey, 
^Jersey, or Man, in British-built ships, owned and navigated as is required to entitle them 
to the bounties granted by parliament, may be imported as above, upon the master and 
mate making oath that the same were caught by the crew of such ship in such fishery; 26 
Geo. III. c. 41.—The bounties and their regulations will be found hereafter, under the 
head.of Bounties, &c. 

[98] By the 43 Geo. III. c. 68. § 39, until the 25th Of Dec. 1804; oil or blubber of fish 
or creatures living in the sea, caught at Newfoundland and parts adjacent, by British sub¬ 
jects residing there, may be entered on payment of the duty on train-oil or blubber of 
Newfoundland, of British fishing; upon the conditions which will be found in the ab* 
stract of the acts relating to this fishery in Steel’s “ Shipmaster's Assistant . u 

By the same act, blubber of fish from the Grecnland-seas or Davis’s Streights is per¬ 
mitted, for the convenience of merchants, to be boiled into oil upon importation, under 
the.inspection of the officer of the customs before the oil be entered. 





































f 


CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 53 


IMPORTS. 

♦Opium, from place of growth . per lb. 

♦ -, not from place of growth.. do. 

♦ -, imported by the East-India Company, duty on 

warehou ing . percent, ad val. 

- - -, home consumption duty .. per lb. 

See East-India Goods imported. 

♦Oranges . per 1000 

♦Orange-flower ointment ... per lb. 

♦ -water . per gall. 

♦ O rc h al ...... per cu> t. 

♦Orchelia, or archelia .. ... do. 

Ore of copper, &c. See Copper , &c. 

*—, not otherwise enumerated, &c. ...... per cent, ad val. 

Organzine silk. See Silk. 

♦Origanum... . . per lb. 

♦Orpiment or Auripigmentum . ..per cust. 

♦ - f imported by the East-India Company,duty c n 

warehousing . per cent, ad val. 

■ -, home consumption.duty .. per czvt. 

{£jp See East-India Goods imported. 

♦Orrice-root, or Iris-root . .. do. 

{jCfr 1 See East-India Goods imported. 

♦Orsedew . per lb. 

♦Ostrich-feathers, dressed . do. 

*■ -, undressed [99] . do. 

♦Otter-skins, undressed (See Skins,) . per piece 

♦Ounce-skius, undressed, (See Skins,) . do. 

♦Outnal-thread .... per d 0 c. lbs. 


Ox hair and hides. See Cow-hair and Cow-hides, ’ 
Oxen. See Provisions. 


P. 

Pack-duck. See Drillings. 

Packet-Boats. [100] 

♦Packthread ..... - per civt. 

♦Pails or kits of wood . per doz 

Pailing-boards. See Boards. 


Painted and painters* wares. [101] 

♦Painters’ colours of all sorts t not otherwise enumerated, 

per lb. 

♦Paintings on glass (subject also to Excise) percent, ad val. 

♦-, imported by East-India Company, 

duty on warehousing per cent, ad val. 
- } home consumption duty do. 


♦Panthers’ skins, undressed (See Skins) . per piece 

♦Pantiles .. . /jerlOOO 


♦Paper, viz. [102] brown paper made, of old rope or cor¬ 
dage only, without extracting the pitch or tar, 
and without any mixture of other materials, per lb. 


Duty. 
£. s. d. 
0 5 0 

0 12 6 

2 0 0 
0 5 0 

0 118 
0 0 8 
0 1 6 
0 5 0 
0 5 0 


Drawback. 
£. s. d. 
0 2 6 
0 7 0 


0 6 2 
0 0 4 
0 0 8 


20 0 

0 0 
0 17 

2 0 
0 17 

0 17 

0 0 
1 11 
0 8 
0 2 
0 4 
1 2 


0 


15 0 0 


2 0 0 1 

0 0 5 10 

0 - 


0 


0 9 4 


8 

8 

6 

0 

6 

6 


0 0 5 
0 7 10 
0 3 11 
0 1 6 
0 3 2 

0 16 2 


0 18 9 
0 2 4 


0 1 8 


0 0 4 0 0 2 

35 0 0-25 0 0 


2 0 0 - 

50 0 0 - 

0 7 2 0 5 0 

3 6 4 2 8'10 


0 0 6 


IMPORT LAWS. 

[99] One-third part is allowed for quills of undressed ostrich-feathers. 

[100] Packet-boats may not import or export goods without licence from the Commis- 
lioners of Customs, on forfeiture of the goods, besideslOO/. and loss of place ; 13 and 

14 Car. II. c. 11. 

[101] Painted wares (except paper and pictures, or other enumerated articles upon 
which duties are charged) are not importable for sale. See Andirons. Painters’ wares are 
not importable for sale by aliens. See Buckles. 

[102] If imported in less than a ream, it is forfeited. And it is also subject to the 
duty of Excise, 













































54 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS, 


IMPORTS. 

♦Paper, brown, &c. as above, imported by East-India Co. 

duty on warehousing . per cent, ad val. 

♦-- } home consumption duty. per lb. 

See East-Lndia Goads mpoited. 

♦ - > printed, painted, or stained paper, or paper 

hangings, . p-r square yard 

* -, imported by the East-ludia Company, duty on 

warehousing .. per cent, ad val. 

home consumptionduty.. per lb. 


See East-India Goods imported. 
waste paper, or paper of any other sort, not par¬ 
ticularly enumerated or otherwise charged per lb. 
-, imported by East-India Company, duty 


on warehousing. per cent, ad vat. 

-, home consumption duty .. per lb. 

8^* See East-India Goods imported. 
pasteboard, mill-board, and scale-board, per cwt. 


♦Parchment. per 12 sheets 

Paste-boards. See Paper. 

Pattens, not importable for sale. See Andirons. 

* Paving-stones, not marble, per 100 feet square superficial 

.-, of Guernsey, Jersey, Alderney, Sark, or 

Man. See Stone and Slate. 

tiles, above 10 inches square . per 1000 

-not exceeding 10 inches square ... do. 


* - 

*- 

♦Pearls (See Diamonds,) . . per cent, ad val. 

Pearl Ashes. See Ashes. 

♦Pearl-barley..... parent. 

♦Pears ... per bushel 

♦ -, dried ... ... do. 

♦Peas, when the price at the place of importation shall be 

under 34s. per quarter. per quar. 

♦ -, at or above ,4s. but under 37s. do. 

♦ -, at or above 37s. do. 

♦ -, when imported from Ireland or British colonies, 

if under 32s. per quarter. per quar . 

♦ -, if32s. butunder 35s. do. 

♦ -, if at or above 35s . do. 

8dP See Corn and Provisions. 

♦ -, ground, ate prohibited. See Corn, ground. 

♦Pebble-stones ., — . per ton 

♦ -, of Guernsey, &c. See Stone and Slate. 

♦Pellitory .. per lb. 

♦Pelts of goats, dressed (See Skins,) . per doz. 

♦ -, undressed, (See Skins) . do. 

♦ --., of all other sorts, undressed, (see Skins) ... per 100 

♦Pepper, [103] imported by the East-India Company 

duty on warehousing. per cent, ad val. 

home consumption duty . per lb. 


Duty. 
£. s. d. 

2 0 0 
0 0 6 


0 0 9 

2 0 0 
0 0 9 


0 1 0 

2 0 0 
0 1 0 

2 2 0 
0 6 0 


0 6 0 


3 14 0 

2 5 10 
5 0 0 

0 10 6 
0 2 10 
0 3 10 

1 \ 0 
0 1 6 
0 0 3 

1 2 0 
0 1 6 
0 0 3 


See East-India Goods imported. 
long . 


Drawback. 

£. s. d. 


0 7 

0 O' 
0 3 
0 1 
0 10 


do. 


2 0 0 
0 1 3 

0 0 4 


0 2 6 


0 6 0 


0 5 0 

0 0 1 
0 2 
0 1.3 

0 7 6 


0 0 2 


IMPORT LAWS. 

[103] Pepper is to be imported only into London ; and may be sifted and garbled in 
the warehouses, to make it merchantable. It ?s prohibited from Germany and the Ne¬ 
therlands. See Grocery. 
























































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 55 


IMPORTS. 

♦Pepper, long^ imported by the East-India Company, duty 

on warehousing . per cent, ad val. 

'—-, home consumption duty. per lb. 

Bee East-India Goods imported. 

Perfumed oil. See Oil. 

♦Perry, (subject also to Excise) . per tun of 252 gall. 

Persia. [104] 

Peruvian bark. Soe Cortex Peruvianus. 

♦Pewter, old . percent. 

♦Pickles of all sorts, not otherwise enumerated or de¬ 
scribed . per gall. 

♦ ---, imported by East-India Company, duty on 

warehousing .1. per cent, ad val. 

• -, home consumption duty . per gall. 

♦Pictures, of 4 feet square or upwards . each 

♦ -, imported by the East-India Company, 

duty on warehousing. per cent, ad val. 

-, home consumption duty. each 

See East-India Goods imported. 

♦ - , 2 feet square and under 4 feet. do. 

♦ -, 2 feet square and under 4 feet, imported by 

the East-India Company, duty on warehousing 

per cent, ad, val. 

• ---, home consumption duty. each 

See East-India Goods imported. 

♦ -, under 2 feet square . do. 

♦ --, imported by the East-India Company, duty 

on warehousing .... per cent, ad val. 

■■ -, home consumption duty . each 

See East-India Goods imported. 

♦Pimento, of British plantations... per lb. 

♦ - s not of British plantations ... do. 

See Grocery. 

Pinners’ wares, not importable for sale by aliens . 

See Buckles. 

Pins, made in foreign parts, not importable for sale . 

See Bits. 

Pinsons, not importable for sale. See Andirons. 

Pipe-hoards. See Boards. 

♦Pistachia, or Nux Pistachiae .. per lb. 

♦ - — f not from place of growth. do. 

♦ Pitch, [105] not the product of any British dominions or 

plantations, in British-built ships . per last 

of 12 barrels each barrel of 31% gallons 

♦ -, in foreign ships.i. do. 


Duty. 
£. s. d. 

2 0 : 0 
0 0 4 


10 10 0 

0 17 6 

0 1 6 

2 0 0 
0 1 6 
6 6 0 

2 0 0 
6 6 0 

4 4 0 


2 0 0 
4 4 0 

2 2 0 

2 0 0 
2 2 0 


Drawback. 
£. s. d. 


0 0 4 
0 0 10 


0 17 4 
0 13 0 


7 7 0 


0 12 6 


0 0 6 0 0 5 
0 0. 9 0 0 S 


0 0 2 
0 0 6 


0 11 2 
O 11 2 


IMPORT LAWS. 

[104] Goods, of the growth, produce, or manufacture, of Periia, (provided such ma¬ 
nufacture be made of the growth or produce of Persia,) may be imported in British-built 
ships legally navigated, from any place in the Russian empire, by persons free of the 
Russia Company ; such goods having been purchased by barter with commodities, (ex¬ 
cept with gold or silver in coin or bullion), or the produce arising therefrom, exported 
from Great Britain to Russia, and thence carried into Persia ; 14 Geo. II. c. 36. See, as 
to Persian silk, the article Silk) raw. Persian goods are likewise importable by the East- 
India Company. 

[105] Pitch, tar, and rosin, are not importable from Germany or the Netherlands, on 
forfeiture of the same and vessel : 13 and 14 Car. II. c. 11. From any other place in 
British-built ships ; or im British ships owned by British subjects ; or in ships of the built 
of the same country as the goods; or of some country in Europe belonging to the sove¬ 
reign of that European country of which the goods are the product; or of the usual ports 
of shipping for transportation ; all legally navigated. 12 Car. II, c. 18. and 27 Geo. Ill, 
c, 19, The last contains l^barrels of 31^ gallons each. 











































56 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS 


IMPORTS. 

*Pitch, being the product of any British d 
plantations .... per 

* -, of American States, in British-built ships 

* -, in American ships . 

*Pix Burgundiae, or Burgundy pitch . 

Plantations, British. [TObJ 


in ions or 

Duty. 

£. s. d.' 

Draw back. 
£. s. d. 

t as above 

0 15 9 

0 10 0 

do. 

0 15 9 

0 10 0 


0 17 4 

0 10 0 

per civt. 

0 7 9 

0 4 2 


IMPORT LAWS. 

0 . " 

[106] The shipping-laws, which regulate the imports and exports of the British colonies 
or plantations, are digested under the four following heads; which, for a more ready and 
methodical comprehension of the whole system, are stated as Rules and Exceptions. 

I. Skips permitted to trade to and from British plantations. —No goods or commodities 
may be imported into or exported from any colony or plantation in Asia, Africa, or Ame¬ 
rica, belonging to, or in the possession of Great Britain, but in British-built ships, owned 
by British subjects, and navigated by a master and three-fourths, at least, of the mariners 
British subjects: 7 and 8 Will. III. c. 22 . 

Except as follows : By 27 Geo. III. c. 27. § 2, made perpetual by 32 Geo. III. c. 
37,) wool, cotton-wool, indigo, cochineal,_ drugs of all sorts, cocoa, logwood, fustic, 
and all sorts of woods for dyers, hides, skins, and tallow, beaver, and all sorts of fur?, 
tortoise-shell, hard wood or mill timber, mahogany, and all other woods tor cabinet 
wares, horses, asses, mules, and cattle, (being the growth or product of any of the 
colonies or plantations in America, under the dominion of any foreign European 
state,) and all coin, bullion, and diamonds or precious stones; and also, by 33 
Geo. III. c. 50. § 8 . tobacco, being the growth or product of any West-India island 
or country on the American continent, belonging to any foreign European state; may 
he imported, from any of the said places, into the ports of Kingston, Savannah-la- 
Mar, Montego-Bav, and Santa Lucea, in Jamaica; and also into Port Antonio, in 
Jamaica, bv 33 Geo. III. c. 50 ; into St. George, in Grenada , Roseau, in Domi¬ 
nica ; and Nassau, in New Providence; and also into St. John’s, in Antigua, until 
10th July, 1805, by 33 Geo. III. c. 50, and 41 Geo. III. c. 97; into the port of 
Scarborough, in Tobago, by 36 Geo. III. c. 55 ; into San Josef, in Trinidad, by 37 
Geo. III. c. 77 ; in any foreign vessel whatever, of any tonnage, provided it have no 
more than one deck, and is either owned and navigated by the subjects of any foreign 
European state, or owned and navigated by any persons inhabiting any of the said 
countries on the continent of America, belonging to or under the dominion of any 
such foreign European 6 tate; 27 Geo. III. c. 27. §2; 50 Geo. III. c. 29. § l'j 
and 31 Geo. III. c. 38. § 7. Sugar and coflee, likewise, the produce of any foreign, 
colony or plantation, may be imported into Port Nassau, in New' Providence, and 
into such other ports in the Bahama islands or Bermuda islands, as may be approved 
of by the king in council, in such foreign vessel as just described, by 32 Geo. III. c. 
43 , and also into any of the islands called Caicos, by 33 Geo. III. c. 50. All other 
goods, so imported , together with the vessel, are forfeited ; £7 Geo. III. c. 27. § 3. 

In return, such vessels may export from the said ports to the said American colo¬ 
nies belonging to some foreign European state, the following articles, viz. rum, the 
produce of any British island ; negroes, w hich have been brought into such British 
islands in British-built ships, owned, navigated, and registered, according to law ; 
and all manner of goods which shall have been legally imported into the said islands, 
except masts, yards, and bowsprits, pitch, tar, turpentine, and tobacco; and also ex¬ 
cept such iron as shall have been brought from British colonies or plantations in Ame¬ 
rica : 27 Geo. III. c. 27. § 4; and 31 Geo. III. c. 38. § 8 . 

To these exceptions may be added, that, by 28 Geo. III. c. 6 . § 5 . vessels of the 
United States of America, coming in ballast, may enter the ports of Turks’Islands, 
for the purpose of being laden with salt there, which they may thence export, each 
Vessel paying previously a duly of 2 s. 6 d. per ton burden of such vessel. 

II. Exportation of British colonial produce from British colonies .—No sugar, tobacco, 
cotton-wool, indigo, fustic, orother dying-woods, by 12 Car. II. c. 18. § 18 ; no rice or 
melasses, by 3 and 4 Anne, c. 5 . § 12; no copper ore, by 8Geo. I. c. 18. § 22 ; no cof¬ 
fee, pimento, cocoa-nuts, whale-fms, raw silk, hides or skins, pot or pearl ashes, iron, 
nor ar.y sort of wood called lumber, by 4 Geo. III. c. 15. § 27, 2S ; being of the growth, 











CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 57 


IMPORTS. 

•^Plaster of Paris . p^r ciot. 

*P*ate of silver, ungilt. per oz. troy. 

---, imported by East-India Company, duty 

on warehousing . pet cent, ad val. 

---, home consumption duty . per oz. troy. 

See East-India Goods imported. 

*Plate of silver, part gilt. do. 


Duty. 

£. s. d. 
0 1 5 

0 2 6 


Drawback. 

<£. <y. d. 
0 0 9 


2 0 0 
0 2 6 


0 3 6 


IMPORT LAWS. 

product, or manufacture, of any British plantation in Asia, Africa, or America, may be 
transported to any place whatsoever, other than to some British plantation, or to Great 
Britain, or (by 20 Geo. III. c. 29.) to Ireland. 

Except sugar; for, (by 12 Geo. II. c. 30. and 15 Geo. II. c. 33. § 5.) any British 
subject, in British-built or British-owned vessels, that shall clear outwards from Groat 
Britain for the British colonies or plantations in America, may load there any sugar 
of their growth, and carry it thence to any foreign port in Europe, provided a li¬ 
cence be first taken out for that purpose, from the commissioners of customs at Lon¬ 
don or Edinburgh. 

Except, also, sugar, melasses, coffee, and cocoa-nuts, which, together with ginger, 
pimento, and all goods and commodities which, in the year 1783, were not pro¬ 
hibited to be exported to any foreign country in Europe, may be exported from the 
British West-India islands to the United States of America; but neither these nor 
any other (except salt from Turks’ Islands, as mentioned in Rule I.) are exportable 
but by British subjects, in British built ships, owned and navigated according to law : 
28 Geo. III. c. 6. § 3. 

Except, also , lumber, which, by 5 Geo. III. c. 45. § 22, may be exported from Bri¬ 
tish colonies, and carried to the Madeiras, the Azores, or any part of Europe to the 
southward of Cape Finisterre. 

All other goods and commodities, not before enumerated, being the growth, product, 
or manufacture, of any British colony or plantation in Asia, Africa, or America, may 
be transported directly to any place whatever. 

Except the following, viz. hops, which may not be carried to Ireland, by 5 Geo. II. 
c. 9. nor rum and other spirits to the Isle of Man, by 5 Geo. Ill, c. 39; nor rum to 
Guernsey or Jersey, by 9 Geo. III. c. 28; nor East-India goods, which must be 
brought to London, by 7 Geo. I. st. 1. c. 21 ; and except that (by 28 Geo. III. c. 6.) 
no goods or commodities whatever are exportable from Turks’ Islands TO British do¬ 
minions in America or West Indies, except salt; nor to Great Britain or Ireland, 
unless it be salt. Or such other goods as are importable into Great Britain from ail 
countries duty-free. 

Except, also, that no hats or felts (w'hether colonial or foreign manufacture) may be 
exported from one plantation to another, nor to any other place whatsoever, on pe¬ 
nalty of 500/.—5 Geo. II. c. 22. 

Except, also , that no wool, woolfells, shortlings, mortlings, woolfiocks, worsted, bay 
or woollen yarn, cloth, serge, bays, kerseys, says, friezes, druggets, cloth-serges, 
shalloons, or any other draperv-stuffs, or woollen manufactures whatsoever, made of 
or mixed with wool or woolfiocks, being the product or manufacture of any British 
plantations in America, may be exported from any of the same to any other of the 
said plantations, or to any other place w hatsoever, on forfeiture of the same, and the 
vessel, and also 500/.--10 and 11 Will. III. c. 10. § 19, 20. 

J ill. Exportation of goods , not being British colonial produce, from British colonies .— 
Any goods, the product of Europe, may be exported, iu any British vessel owned and 
navigated according to law, from Grenada, Dominica, Antigua, and Trinidad, or from 
the Bahamas, to any British colony or plantation in America or the West Indies, by 38 
Geo. III. c. 39. § 1. 

Any goods, which have been legally imported from any colony or plantation in Ame¬ 
rica belonging to any foreign European state, into Grenada, Dominica, Jamaica, Anti¬ 
gua, Trinidad, or the Bahama*, may be exported thence in British vessels, owned and 
navigated according to law r , to any British colony or plantation in America or the Wt.t 
Indies; by 38 Geo. III. c. 39, § 2. ^ 

















53 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS 


Duty. 


IMPORTS. 


£. s. 


d. 


Drawback, 

£. s. d. 


^Plate of silver, part gilt, in.ported by East-India Com¬ 
pany, duty on warehousing. p a r cmt. ad -cal. 

_1-, home consumption duty 

p*r oz. troy. 


2 

0 


0 

3 


0 

6 



{£3= See East-India Goods imported. 

* -, gilt,. per oz. troy. 

* _imported by East-India Company 

duty on warehousing .. per cent, adval. 

____, home consumption duty per oz. troy 

ftyp* See East-India Goods imported. 


0 

2 

0 


3 9 

0 0 
3 9 


IMPORT LAWS. 

Goods, the product of the Ea^t Indies, may not be exported from Grenada, Dominica,' 
or Bahamas, to any other British colony or plantation in America or the West Indies, 
upon forfeiture of'ship and goods; by ‘27 Geo. III. c. 27. § 7. 

All the articles, enumerated in the exception to the first rule, (except hard-wood or 
mill-timber,) having been imported into the free ports and in the manner there mentioned, 
may be exported thence, and brought into Great Britain or Ireland, under the same regu¬ 
lations as goods of the growth of those British colonies; 27 Geo. III. c. 2^ § 6. 

Except sugar and coffee, which may have been so imported into Port Nassau, or other 
port in the Bahama or Bermuda islands, or into the islands called Caicos ; v hich sugar 
and coffee, upon importation into Great Britain, shall be deemed to be 't ot British 
plantations, and shall pay such duties of custom and excise accordingly. 

Tobacco, of American States, which may, in fair traffic, have i.een taken into any Bri¬ 
tish West India Islands may be thence exported to Great Britain : 29 Geo. III. c. 63. 

IV. Importations into British colonies. 

No goods or commodities, of the growth, product, or manufacture, of Europe; maybe 
imported into any land, island, plantation, colony, territory, or place, belonging to or 
in the possession of Great Britain, in Asia, Africa, or America, but such as shall be ship¬ 
ped in Great Britain or Ireland ; .15 Car. II. c. 7. § 6; and 20 Geo. III. c. 10. 

Except salt , from any part of Europe, for the Newfoundland fisheries ; and wines, from 
the Madeiras or from the Azores, for British colonies, &c. by 15 Car. II. c. 7. § 7; 
and except food or victuals,'the grow th, product, or manufacture of Great Britain, 
Ireland, Guernsey, or Jersey; and cralt, clothing, or other goods of Great Britain, 
Guernsey, or Jersey ; which may be shipped from Guernsey or Jersey to Newfound¬ 
land, or to any other British colony where the fishery is carried on, for the use of 
the fishery ; 9 Geo. III. c. 28. 

No tobacco, pitch, tar, turpentine, hemp, flax, masts, yards, bowsprits, staves, head¬ 
ing-boards, timber shingles, or timber of any sort; bread, biscuit, Hour, peas, beans, po¬ 
tatoes, wheat, rice, oats, barley, or grain of any sort; may be imported into any British 
West India island (including the Bahama and Bermuda islands) from any foreign West In¬ 
dia island, nor from any colony or plantation on the continent of South America, belong¬ 
ing to any foreign European state, upon forfeiture thereof and of the vessel; 28 Geo. III. 
c. 6. § 10; and 31 Geo. III. c. 38. § 1. 

Except that the governors of any British West India island may, in cases of public 
emergency and for a limited time, authorize the importation of those articles, from 
any such foreign West India island or foreign colony on the continent of South Ame¬ 
rica, but only by British subjects, in British built ships owned and navigated ac¬ 
cording to law ; 28 Geo. III. c. 6. § 11.; arid 51 Geo. III. c. 38. § 1. And such 
articles may not be re-exported. 

Except also, that by 33 Qeo. HI. c. 50, any British built ships, owned, navigated, and 
registered, according to law , may import into any British West India islands, from 
any colony or plantation on the continent of South Ameiica under the dominion of 
any foreign European sovereign, or from Trinidada and Porto Ricoin the West Indies, 
the following species of timber, viz. bully-tree, purple-heart, green-heart, black-heart, 
mastic, wallabaw, yellow saunders, locusts, or bastard mahogany, being of the growth 
,of those colonies or islands. 

No goods or commodities vpay be imported from the United States of America into th« 
W»st Lidia islands, including the Bahama and Bermuda islands. 


















CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 59 


IMPORTS. 

*Plate of gold, wrought ... per oz, troy 

* —.-, imported by East-India Company, 

duty oil warehousing . per cent, ad vai. 

--- 1 home consump. duty per oz. troy 

(C|p See East India Gouts vapor ted. 

-, battered, fit only to be re-manufactured. See ' 

Bullion. 

-, work. See Gold or Silver Thread. 

* Platters of wood ... per doz. 

* Platting, or other manufactory, of bast, straw, chip, 

cane, orhorse-huir, for making hatsor bonnets, per lb. 
fcp* See the note on Bast-hats. 

^Plums, dried......... do. 

87^ See Grocery. 

Points. [107] 

* Polishing-stones ... per cent, aclval. 

^Polonia wool .r. per czvt. 

* Poly podium. p»r lb. 

^Pomatum. percent, ad vat. 

^Pomegranates . per 1000 

* Pomegranate-peels ... per czvt. 

*Pomice-stones .;. per ton 


Duty. 
£. s. d. 
2 7 3 

-2 0 0 
2 7 3 


duty free. 
0 10 
0 3 6 

0 0 5 


20 0 0 

0 4 8 

0 0 2 
35 0 0 
0 18 0 
0 8 9 

1 0 0 


Drawback. 
£. s. d. 


0 0 9 


0 0 3 


15 0 0 


0 0 1 
25 0 0 


0 2 8 


IMPORT LAWS. 

Except tobacco, pitch, tar, turpentine, hemp, flax, masts, yards, bowsprits, staves, 
4 heading-boards, timber, shingles, and lumber o( any sort, ; neat cattle, sheep, hogs, 
poultry, and live stock of any sort; bread, biscuit, flour, peas, beans, potatoes, 
wheat, rice, oats, barley, and grain of any sort; being, the growth or product of the 
United States; and imported only by British subjects, in British built ships, owned 
and navigated according to law ; 28 Geo. >11. c 6. § 1. 

No goods or commodities may be imported from the United States of America, by sea 
. or coastwise, into Quebec or the countries or islands within that government, or up the 
river St. Lawrence; nor at all into the provinces of Nova Scotia or New Brunswick, 
the islands of Cape Breton, St. John’s, or Newfoundland, or any country or island 
. within their respective governments; 28 Geo. II!. c. 6.'§ 12, 14. 

Except that the governors of Nova Scotia, the islands of Cape Breton and St. John’s, 
may, in cates of public emergency and for a limited time, authorize the import of 
scantling, planks, staves, heading-boards, shingles, hoops, or square timber of any 
sort, horses, neat cattle, sheep,- hogs, poultry, or live stock of Any sort ; bread, bis¬ 
cuit, flour, peas, beans, potatoes, wheat, rice, oats, barley, or grain of any sort. And 
ALSO except that the governor of Newfoundland, being empowered by an order of 
council, may authorize, in cases of necessity, the importation of bread, flour, Indian 
corn, and live stock, into Newfoundland, for the then ensuing season ; 28 Geo. III. 
c. 6. § 13. And also except that the governor of Quebec may, in times of similar 
emergency, authorize the import, by sea or coastwise, into Quebec, of neat cattle, 
sheep, hogs, poultry, or live stock of any sort, bread, biscuit, flour, peas, beans, po¬ 
tatoes, rice, oats, barley, or grain of any sort, or flour made thereof, from any of the 
United States of America, but only by British subjects in British built ships,, owned 
and navigated according to law, upon forfeiture of goods and vessel : 30 Geo. III. c. 
S. § 1. And also except that pitch, tar, and turpentine, ol the United States of 
America, may be imported thence into Nova Scotia and New Brunswick, by British 
subjects, in British built ships, owned and navigated according to law; by 33 Geo. 
III. c. 50. 

[107] Points, made in foreign parts, are not importable for sale; see Bits. As to 
points, made of silk, see Sdk. And point-makers’ wares are not importable for K $ale by 
rite ns. See Buckles. 




























60 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS 


IMPORTS. 


Duty. 

£. s. 


Drawback. 


d. 


£. S. dm 


Popish tokens. [108] 

♦Poppy-seeds. See Seeds. 

♦Porcelain. See Earth? n-wa r e. 

Pork, salted or otherwise. See Cattle , great , and also 

Provisions. 

Portugal. See Spain. 

Portugal linen Si e Spanish linen. 

Pot-ashes. See Ashes. 

♦Potatoes, (see Provisions,) . per czot. 

♦Pots for melting, used by goldsmiths . per 100 

*♦-of stone . per cent, ad val. 

♦Pouches, not importable for sale by aliens. See Buckles. 
Poultry. See Provisions. 

♦Powder of brass, for japanning... per lb. 

♦precious stones, (except diamonds,). per cent, ad val. 

♦Prints, viz. Paper prints, plain .. per piece 

♦ - } imported by East-lndia Company, duty on 

warehousing . p r cent , ad val. 

•>---, home consumption duty. per piece 

♦ -, coloured ... percent, ad val. 

♦ -, imported by East-lndia Company, duty on 

warehousing . per cent, ad val. 

—,-, home consumption duty . do. 

Prize-Goods. [109] 


0 

0 

50 


0 

5 

0 

2 

0 

35 

2 

50 


1 2 
1 10 
0 0 


3 5 
0 0 
0 10 

0 0 
0 10 
0 0 

0 0 
0 0 


0 0 6 
36 11 0 

0 2 0 


25 0 0 


IMPORT LAWS. 

/ [108] Popish tokens, such as Agnes Dei, crosses, pictures, beads, and other supersti¬ 

tious things, may not be imported under the penalties of praemunije : 13 Eliz. c. 2. 

[109] The act of 33 Geo. III. c. 34. continued by 43 Geo. III. c. 12. till 1st Jan. 1804, 
and made for the relief of the captors of prizes, contains the following regulations: (See 
the Preface to this work.) 

§ 1. All prize goods, upon condemnation, shall and maybe warehoused, under the 
King’s locks, at the expence of the captors; and for which, upon admission to 
such warehouses, there shall be paid the following duties, viz. 

Wine or vinegar ... per tun of 2 

Brandy, taken by a ship of war . per tun 

.. taken by a private vessel .../,. 

Brown or Muscovado sugar, taken by a ship of war per cwt, 

.. taken by a private vessel 

Coffee, taken by a ship of war .../. 

> .. taken by a private vessel . 

Cocoa, taken by a ship of war . 

.. taken by a private vessel ... 

All other goods, not particularly excepted, nor particularly 
charged with duty, if taken by a ship of war per ct. ad vat. 

.. . .. taken by a private vessel . 

§ 2. No duties whatever are demandable for prize-goods, consisting of military or ships* 
stores, viz. sails, cordage, anchors, and cables; masts, yards, bowsprits, blocks, 
guns, gun-powder, shot, match, gun-carriages, cartridges, and other materials there¬ 
to belonging, and all timber and iron converted into and made fit for ship-building, 
or for any of the usrs and purposes aforesaid ; salted beef, pork, and butter; biscuit, 
small beer, peas, and oatmeal; sailors’ clothes, hammocks, bedding, and apparatus 
and instruments belonging to surgeons, or for any goods which before 1 May, 1793, 
might be imported duty free. 

$ 3. All prize wheat, wheat-meal, or flour, rye, barley, beer or bigg, oats, oat-meal, 
peas, beans, Indian corn and maize, shall be liable to the same rules and duties as 
if it were imported by way of merchandize; for which see notes 36 and 37, Jb 
Corn. 


gallons 

£. 

3 

s. 

0 

d. 

0 

per tun 

2 

5 

0 

do. 

0 

15 

0 

<cr cwt . 

0 

6 

0 

1 do. 

0 

2 

0 

do. 

0 

10 

6 

do. 

0 

3 

6 

do. 

0 

3 

9 

do. 

0 

1 

3 

cularly 
ad vat. 

7 

10 

0 

do. 

2 

10 

0 








































t 

CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 61 


IMPORTS. 


Duty. 


Drawback. 


£. s. 

d. 

£. s. d. 

Provisions. [HO] 

^Prunes. [Ill] . 


0 16 

0 0 

3 

0 8 3 

0 0 2 

*Pmnelloe3. .. 


q 

. r** • 



IMPORT LAWS. 

§ * and 9. All Ch ina and East-India goods, condemned as prize, shall be publicly sold 
in London, on such conditions, Scc. as are practised at the sales of the East- India 
Company; and they shall be subject and entitled to such duties and drawbacks as 
those imported by the East-India Company'. 

§ 5. Prize tobacco and snuff, brought into any ports not authorised for the import of 

tobacco, (which are enumerated in the note on tobacco,) must be removed to some 
one of those that are so authorized ; where all tobacco and snuff shall, on condem¬ 
nation, be warehoused in his Majests’s tobacco-warehouse, at the rate of one penny 
halfpenny per week for every hogshead or other package ; and the same be ex¬ 
ported thence without payment of any duty : or it may be taken out for home con¬ 
sumption on payment of the same duties as on tobacco and snuff of British planta¬ 
tions in America. 

§ 6. Prize-goods, the growth, See. of France, sold for home consumption, are liable to 

the same duties as if they had been imported by way of merchandize. 

§ 7. Commissioners Of the Customs may authorize warehoused prize-goods, (tobacco and 

snuff excepted,) to be removed to any Custom-house warehouse at any other port 
in Great Britain. 

§ 8. Prize-goods, condemned abroad, are entitled, on importation into Great Britain, to 

the same indulgences as if originally brought into British ports. 

§ 10. Ships, taken and condemned as prize, if condemned abroad, shall pay the duty 
thereon, on first arrival at a port in Great Britain : and they are not entitled to the 
privileges of Britishrbuilt ships till such duty be paid. If not paid within three 
months after arrival, they may be sold by the Commissioners of Customs for the 
same, and the overplus paid to the proprietor. But by 34 Geo. III. c. 70. ships 
of war and privateers taken from" the enemy are not liable to any duty. 

§ 11. Warehoused prize-goods may be exported on payment only of the duties before- 
mentioned in this act, upon bond being given that they shall not be re-landed in 
Great-Britain, Guernsey, Jersey, Sark, or Man, or the islands of Ferro. 

§ t2. Upon prize-goods taken out of warehouses for home-consumption, the remainder 
of the duties are to be paid, as if they had been imported by way of merchandize. 

To these regulations we may acid this general observation : that all prize-goods are ex¬ 
empted from the-requisitions of the Navigation-Act of 12 Car. II c. 18. relative to im¬ 
portations only from places of their growth, See. 

[110] By the act of 39 Geo. III. c. 87. a discretionary power is vested in his Majesty 
to authorize, by order of council, the free import, and to prohibit the export, of certain 
articles of provisions ; w hich power is continued and extended to any articles of provision, 
by subsequent acts, and by 43 Geo. III. c. 12, till the 1st Jan. 1804. 

The following are the regulations; 

1. Whatever may be the general average price of corn, the exportation from England and 

Scotland respectively may be prohibited of any British or foreign wheat, rye, barley, 
beer or bigg, peas, beans, oats, or any meal or four, or bread, biscuit, or malt, made 
thereof, cr any Indian corn or maize, or meal or flour made thereof; and likewise the 
importation generally of any such articles may be permitted, in any British vessel, 
or in vessels belonging to states in amity, and navigated in any manner, without 
payment of any duty w hatsoever, and the said articles may likewise, under such per¬ 
mission, be carried coastw ise. 

2. H is Majesty may likewise, by order in council, permit the importation into Great 

Britain, from any place whatever, in British or other vessels in amity, and navigated 
in any manner, kidney or French beans, tares, lentiies, callivances, and all other 
sorts of pulse; and also bulls, cows, oxen, calves, sheep, lambs, and swine, beef, 
pork, mutton, veal, and lamb, w hether sailed or otherw ise, bacon, hams, tongues, 
butter, cheese, potatoes, rice, sago, sago-powder, tapioca, vermicelli, millet-seed, 
poultry, fowls, eggs, game, and sour crout, without payment of any duty; but such 
articles must be regularly entered, or else they will be forfeited. 

[111] Prunes are importable only in such vessels as are described under the article 
Raisins ; and they are prohibited from Gernwny and the Netherlands. See Giocery. 










62 


CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS.' 


IMPORTS. 

^Psyllium .. 

^Puddings or sausages, (see Provisions ,) 
Pulse. See Provisions. 

Pummels. [112] 

Purses. [113] 

Pyrmont water. See Mineral water. 


per lb. 
do. $ 


Duty. 
£. s. . d. 
0 0 2 
0 0 6 


Drawback. 

£. s. d. 

0 0 1 


Q. 

Quarantine. [114] 

Quassia wood. See Lignum Quassia. 

Quebec. [115] 

Quercitron, or black oak-bark. See 0ah-baric. 
^Quern-stones, large, 3 feet and not above 4 feet in diame¬ 
ter, and not above 6 inches thick per pair 

*--, small, under 3 feet diameter, and not 

above 6 inches thick. per pair 


0 9 0 0 6 0 

0 4 6 0 3 0 


IMPORT LAWS. 

' { V 

[112] Pummels, made in foreign parts, are not importable far sale. S ee Bits. 

[113] Purses are not importable for sale. S ez Andirons. And pursers’ wares are not 
importable /or sale by aliens. See Buckles. 

[114] By 39 and 40 Geo. III. c. 80, the owners of ships, which shall have performed 
quarantine, are to pay the following duties of Customs, viz. 

Having arrived from any any part of Turkey, or from any place in Africa within the 
Streights of Gibraltar, or in the West Barbary on the Atlantic Ocean, with a clean bill of 
health. 7s. 6 d. per ton burthen ; and, having so arrived without a clean bill of health, 15s. 
per ton burthen.—Having arrived from any place whatever (except from any part of Tur¬ 
key, or from anyplace in Africa within the Streights of Gibraltar, or in the West Barbary 
on the Atlantic Ocean,) with a clean bill of health, 3s. per ton burthen ; and having so 
arrived without a clean bill of health, 10s. per ton burthen.—Having arrived in this king¬ 
dom, with a cargo which, in whole or part, shall consist of goods, wares, or merchandize, 
the growth, produce, or manufacture, of Turkey, or of any port or place in Africa, within 
the Streights of Gibraltar, or in the West Barbary on the Atlantic Ocean, and which shall 
have arrived from any place in Holland, or from any place whatever, at which there is not 
a regular establishment for the performance of quarantine, 7s. 6d. per ton burthen , and 
having so arrived under such circumstances as shall induce his majesty, by and with the 
advice of his privy council, to subject them to the like quarantine as ships arriving from 
Turkey without clean bills of health, 15s. per ton burthen.—Every ship or vessel, the car¬ 
go of which, or any part thereof, shall have performed quarantine in this kingdom, and 
which shall enter inwards in the port of London, an additional duty of Is. per ton bur¬ 
then. But no ship or vessel, arriving from any place whatever, (except from anv T part of 
Turkey, or from any place in Africa, within the Streights of Gibraltar, or in the West 
Barbary on the Atlantic Ocean, with a clean bill of health, in ballast, or whose cargo 
shall consist wholly of salt,) shall be liable to any duty under this act : and no ship or 
vessel, which shall, together with its cargo, have duly performed quarantine in either of 
the lazarets of Malta, Ancona, Venice, Messina, Leghorn, and shall sail and arrive thence 
in this kingdom, with proper documents attesting the same, shall be liable to or charged, 
with any duty under this act. The Treasury may order the duties to be reduced, and af¬ 
terwards raised again. No vessel upon which the quarantine-duty is imposed, shall be de¬ 
clared inwards, unless it be first paid; and the tonnage is to be ascertained according to 
the register under 26 Geo. III. c. 60. The owners of vessels, who have paid the quaran¬ 
tine duties, may demand from importers a proportion of those duties. 

[115] Goods, of the growth of countries bordering on Quebec, brought thither by land 
or, inland navigation, are importable into Great Britain upon the same terms and conditions 
as if they were the produce of Quebec, provided they are accompanied by certificate from 
the officer of the Customs there, that they have been so legally brought into that province; 
30 Geo. III. c. 29. See farther, with respect to the shipping-laws of this province, tbf 
aflide Plantations, British. 














CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 63 


IMPORTS. 

♦Quicksilver... per lb'. 

♦Quills, goose ..'. per 1000 

♦ -, swan.’... do. 

♦ Quinces. . p er 1^0 

R. 

♦Racoon-skins, undressed, (see Shins,) . per 100 shins 

♦Radix. 

♦ -contrayervas . per lb. 

♦ ---, imported by East India Company, 

duty on warehousing. per cent, udval. 

- -, home consumption duty ... per lb. 

See East-India Goods imported, 

♦ - enulse cfempause. per czvt. 

♦ - eringii... per lb. 

♦ - ipecacoaute . do. 

♦ - senekse . do. 

♦ - serpentatise or snake-root .. do. 

♦Rags, old, old ropes or fishing-nets, fit only for mak¬ 
ing paper or pasteboard.. .. per ton 

♦Rag-stones .. per cent, ad val. 

♦ Raisins, [116] of the sun, in British built ships, per coot. 

♦ -, in foreign ships do. 

♦ - 1 Smyrna, in British built ships . do. 

♦ -, in foreign ships do. 

♦ -, Faro, in British buiit ships . do. 

♦ -, in foreign ships do. 

♦ -—•, Lexia, in British built ships . do. 

♦ -, in foreign ships do. 

♦ -, Lip?.ri or Bclvidere, in British built ships do. 

♦ -, iu foreign ships. do. 

♦ -, Denia, in British built ships. ' do. 

♦ -*-, in foreign ships .. do. 

♦ -, not otherwise enumerated, iu British built ships 

per not. 

♦ -.— j in foreign ships . da. 

♦ Rape of grapes. per tun of 252 gallons 

♦Rape-cakes, [117] . percent. 


Duty. 
j£. s. d. 
0 1 0 
0 0 10 
0 6 10 
0 2 4 


Drawback. 
£. s. d. 
0 0 6 
0 0 5 
0 1 8 


1 5 0 


0 12 G 


0 0 9 

2 0 0 
0 0 9 

0 8 0 
0 0 2 
0 2 2 
0 0 4 
0 1 0 

0 15 9 

20 0 0 
1 6 3 

1 6 8 
0 15 6 

0 15 10 
6 13 2 

0 13 4 

0 13 8 

0 13 10 
0 13 2 

0 13 4 

'0 12 0 
0 12 2 

0 12 0 
0 12 2 
6 16 6 
0 1 0 


0 0 4 


0 4 2 
0 0 1 
0 1 1 
0 0 2 


15 Q 0 
0 13 10 
0 18 10 r 
on 5 
oil 5 
0 9 0 

0 9 Ox 

0 9 0 
0 9 0 
0 9 0 
0 9 0 

0 8 1 
0 8 1 

0 8 1 
0 8 1 
4 4 0 


IMPORT LAWS. 

[116] Raisins, figs, prunes, olive-oils, corn or grain, sugar, pot-ashes, vines, vinegar, 
-smua vitre or brandy-vine, being the growth, &c. of Europe, are importable only in Bri¬ 
tish-built ships; or in British ships owned by British subjects; or in ships-of the built of 
seme country in Europe belonging to the sovereign of that European country of which the 
goods are the produce ; or of the usual ports of shipping them for transportation; all le¬ 
gally navigated ; on forfeiture of ship and goods : 12 Car. II. c. 18; and 27 Geo. III. c. 
19. Raisins are prohibited from Germany and the Netherlands ; see Grocery. 

[117] By 30 Geo. III. c. 41. rape-cakes for manure, from British colonies in America, 
maybe imported duty-free. And, by 36 Geo. III. c. 113. rape and linseed calces may 
be imported by any persons, in British vessels legally navigated, from any foreign country, 
upon due entry, duty-free. Still farther to facilitate the importation of linseed and rape 
cakes, it is enacted, by 39 and 40 Geo. III. c, 64, that till l January, 1804, they may 
he imported in any ships belonging to the subjects of any state in amity. Linseed cakes, as 
well as rape cake*, no,v pay duty perctvt. 1 *. 






























































64 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS, 


IMPORTS. 


"T] 


♦Rape seed, [118] . per guar. 

* _[118] and all other seeds, for the extracting of oil 

therefrom . perjast of 10 guar. 

# _ t from Am. States in British built ships, per last 

.---, in American ships. do. 

♦Rap'erg. [119] 

♦Ratifia ...-••••••.. per gall. 

Rattans. See Canes. 

♦Raw linen yarn, made of flax, viz. 

_, Ermeland yarn, Lithuania yarn, and 

tow yarn of the Prussian dominions, imported 


directly thence, in a British built ship ... per ervt. 


British built ship . per cxvt. 

* _, of any other sort, in a British built 

ship... : per ere/. 

_ s of all sorts, imported in foreign ships 

/ier cxvt. 

_, not made of flax, in a British built 

ship ...... : . P e r cxvt. 

* ----—, in a foreign ship. do. 

Raw silk. See Silk. 

Razors. [120] - 

♦Red lead . per cwt. 

Red mangrove-bark. See Oak-1> irk. 

♦Red wood, or Guinea wood, for dyers, . per ton 

♦Red wool . per cxvt. 

Reed canes. See Canes. 

♦Rennet....... per gall. 

♦Resina jalapae. per lb • 

♦Rhinehurst . per cxvt. 

Rhodium Lignum. See Rose-xvood. 

♦Rhubarb ..."..... per lb. 

*___-, imported by the East India Company, duty on 

warehousing . per cent, ad val. 

-:-, home consumption duty . per lb. 


See East-lndia Goods imported. 
Ribands. [121] 


Duty. 

£ . s. 
0 16 


Drawback. 

d £. s. d. 

0 0 12 9 


0 2 6 
0 2 6 
0 2 9 


0 3 4 


0 2 6 


0 0 6 

0 1 0 

0 1 0 

0 12 10 

0 2 4 

0 14 10 


0 5 0 


0 2 5 


1 3 4 

0 4 8 


0 0 3 
0* 4 0 
0 7 9 


0 0 2 
0 2 1 
0 4 2 


0 2 4 


0 1 0 


2 0 0 
0 1 0 


IMPORT LAWS. 

[118] By 30 Geo. III. c. 41. when middling British rape-seed is r at the place of im¬ 
portation, at or above 17/. 10*. per last, that, and any other seed commonly used for ex¬ 
tracting oil therefrom, may be imported, upon payment of the lowest duty above-men¬ 
tioned, from British colonies in North America; and farther, rape-seed, from the said 
colonies, may be imported without,duty, and warehoused as corn. By 35 Geo. III. c. 
117, (continued, by subsequent acts, till 24 June, 1804), the before-mentioned seeds may 
be imported in British ships, legally navigated, from any country whatever, upon pay¬ 
ment of the lowest duty above-mentioned,, whenever middling British rape-seed is at or 
above 20/. per last. 

[119] Rapiers, made in foreign parts, are not importable for sale. See Bits . 

[120] Razors are not importable/or sale. See Andirons. 

[121J Ribands, laces,, and girdles, foreign made, whether of silk alone, or of silk 
mixed with other materials, are prohibited, on penalty of 100/, on the importer, and the 
goods are to he burnt ; 3 Geo. III. c. 21. 





































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS 


65 


IMPORTS. 

♦Rice, [122] . . per cwt. 

♦-, of British plantations in America, [123] imported, 

for the purpose of exportation, into the ports of 
Plymouth, Exeter, Poole, Southampton, Chi¬ 
chester, Sandwich, and the members thereof, and 
also into Bristol, Liverpool, Lancaster, White¬ 
haven, and Glasgow ... per cwt. 

♦Rice, of American States, [124] in British built ships 


per cwt. 

* -, but in American ships pay additional per ton 

* -, imported by East-India Company, duty on ware¬ 


housing . per cent, ad val. 

—, home consumption duty . per cwt. 


See East-India Goods imported. 

Rings. [125] 

RochAlum. See Alum. 

Rock ihoss. See Moss. 

♦Ropes, new, tarred or untarred . per cwt. 

-, old. See Rags. 

Rose wood . do. 

♦Rosin or Colophonia of any British dominions or planta¬ 
tions . . per cwt. 

♦ -, not of British dominions or plantations (except 

American States) imported in British built ships 

per cwt. 

♦ - } in foreign ships . do. 

♦ -, of American States in British built ships ... do. 

* — -, in American ships . do. 

♦Round-wood, from Europe, under 8 inches square, and 

under 6 feet long, in British built ships per 120 

♦ - f i n foreign ships. do. 

♦ -, under 8 inches square, and if 6 feet long, in 

British built ships . per 120 

♦ -, in foreign ships . do. 

♦ -, of all sorts, under 8 inches square, from 

American States in British built ships... per 120 




Duty. 
<£. s. d. 
0 4 8 


0 0 8 

0 4 8 

0 9 4 

2 0 0 

0 4 8 


0 13 0 
1 8 0 
0 2 0 


0 2 10 

0 3 0 

0 2 0 
0 2 2 

17 6 

1 8 4 

2 15 0 
2 16 8 

0 2 0 


Drawback 
JO. s. d. 
0 4 0 


0 4 0 


0 18 8 
0 1 4 


0 2 1 
0 2 1 
0 1 4' 

0 1 4 

0 18 11 

0 18 11 

1 17 10 
1 17 10 


IMPORT LAWS. 

[122] For the temporary free admission of rice, see Provisions. 

[123] By 5 Geo. III. c. 45. § 21. and 12 Geo. III. c. 60. § 10. British plantation 
sice may be imported into either of the above ports for the purpose of immediate exporta¬ 
tion ; the importer thereof giving notice upon arrival to the collector of the Customs of 
liis intention to export the whole cargo immediately in the same ship, to foreign parts. 
The master is so to report the cargo accordingly ; and the importer is to give bond, with 
security, for payment of tiie remaining duties, within sixty days, for all such rice as shall 
be landed thereout ; which bond shall be vacated either upon payment of the remaining 
duties, or upon the said rice being duly re-shipped and exported. 

[124] By 37 Geo. III. c. 97. rice of American States may be warehoused, upon pay¬ 
ment of 8d. per cwt.; and bond given for remainder of the duties in 18 months. In Lon¬ 
don, Bristol, Portsmouth, Cowes, Liverpool, Lancaster, Falmouth, Poole, Whitehaven, 
Hull, GrCenock, and Glasgow', it may be warehoused without paymeDt of the said 8d. 
When taken out for home-consumption, the duties and countervailing duty are to be paid ; 
if taken out for exportation within 18 months, no further duty is payable; if not exported 
within 18 months, duties must be paid, and not afterw ards drawn back : it not exported, 
nor duties paid, within 18 months, it is to be sold ■ and, out of the produce of such sale, 
the expensas and duties are first to be satisfied^ and the overplus paid ter the proprietor. 

[125] Rings, of copper or of latten gilt, and rings for curtains, are not importable for 
sale. See Andirons , 

K 






























06 CUSTOM-DUTIES, Bit A W BACKS,' AND IMPORT-LAWS. 


IMPORTS. 

*Round wood, of all sorts, under 8 inches square, from 
American States in American ships. 120 

* -, of and from British colonies in America, 

imported directly thence, in pieces of all sorts, 

under 8 inches square . per 120 

See the note on Wood from America. 

*P,ubies, (see Emeralds) .. v- r cent, ad val. 

*Rum, of any British colony in America [126] por gallon 

* -, imported by East India Company, duty on ware¬ 

housing .. percent, adval. 

-■—, home consumption duty. per gall. 

* - ■ - » , of any other sort .. do. 

Subject also to Excise. See Spirits. 
Russia, [127] orMuscovv.. 

Russia hides. See Hides. 

* Russia linen, viz. 

* -, towelling and napkining, not exceeding 22| in¬ 

ches broad, in British built ships. per 120 ells 

-, in foreign ships..... do. 

* - linen, not otherwise enumerated, not exceeding 

22^ inches broad, in British built shipsper 120 ells 

* -, in foreign ships . do. 

* ---, above 224 inches broad, and not above 31 f 

inches, in British built ships . per 120 ells 

* -- — } iuforeign ships_...L. . do. 

* -, above 31§ inches broad, and not above 36 

inches, in British built ships . per 120 ells 

* - , in foreign ships _... . do. 

*—-, above 36 inches broad, and not above 45 in¬ 
ches, in British built ships . per 120 ells 

* -, in foreign ships. do, 

—--, above 45 inches broad, in British built ships, 

per 120 ells 

* -•, in foreign ships .. ‘ do. 

Rye, the sqme duties, &c. as Peas, which see. 

See Corn and Provisions. 

-, ground. See Corn ground and Provisions. 


S. 

^Sable’s skins, undressed, (see Skins ). per skin 

* -, tails or tips, undressed, (see Skins) ...... per piece 

*Saceharum Saturni ... per lb. 

Saddles. [129] 

^Saddle-trees, [129] and saddlers’ wares. 

*Safflo"wer ..... per cvct. 

^Saffron. per lb. 


Duty. 

Drawback. 

£. s. d. 

£. s. d. 

0 0 6 

— 

0 2 0 

— 

5 0 0 

, r _ 

0 0 8 

0 0 5 

2 0 0 

- ... - 

0 0 9 


0 0 10 

0 0 6 

0 19 3 

0 14 2 

1.0 0 

0 14 2 

0 19 9 

0 15 1 

10 7 

0 15 1 

1 11 6 

1 2 7 

1 12 6 

1 2 7 

2 6 10 

1 13 11 

2 8 6 

1 13 11 

4 4 6 

3 6 11 

4 6 2 

3 6 11 

5 17 0 

4 9 5 

6 0 0 

4 9 5 

0 5 0 

0 3 9 

0 0 9 

0 0 6 

0 0 4 

0 0 2 

0 5 0 


0 4 0 

0 1 8 


IMPORT LAWS. 

[126] By 19 Geo. III. c. 22. § 7. made perpetual by 4.2 Geo. III. c. 20. § 1. a draw¬ 
back of all the duties' upon rum of the British plantations is allowed, upo« such rum 
Shipped pu hoard merchant vessels (if not less than 100 tons burthen, in casks of not less 
than 100 gallons) to be consumed as stores on board, in any voyage to foreign parts. 

[127] See the article Europe ; and, for Persian goods brought through Russia, see the 
articles , Silk, raw , and Persia. 

[128] Saddles, made in foreign parts, are not importable for sale. See Bits. Saddle¬ 
trees and saddlers’ wares are not importable/or sale, by aliens. See Suckles. 














































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. G7 


IMPORTS. 

*Sago (See Provisions) .. per lb. 

* - , imported ,bv East-India 1 'Company, duty on ware¬ 

housing ... percent, ad val. 

-, home consumption duty . per lb. 

See East-lndia Goods imported. 

*—.— powder . per cent, ad val. 

See the note on Provisions. 

—-—-, imported by the East-lndia Company, duty 

on warehousing .. per emit ad val. 

—-, home consumption deity . do. 

Sail-cloth, vi 2 . [129] 

* - 1 or duck, [130] of the manufacture of the Ba¬ 

tavian republic, not above 36 inches broad. 


per 120 ell. 

* - 1 above 36 inches broad . do. 

, *- -, of Russia, not above 36 inches broad, m Bri¬ 
tish built ships . pei 120 ells 

* -, in foreign ships . do. 

* -- — f above 36 inches broad, in British built ships 

per 120 ells 

* -, in foreign ships. do. 

* --, not otherwise enumerated, and.not above 36 

inches broad ... per 120 ells 

* -, above 36 inches broad . do. 

*Sails, ready made . per cent, ad val. 

-, of prize-vessels. See Prizc-goods. 

*Sal ammoniacus.. . per lb. 

*— gem . per era/. 

*— limonurn or acetosella .. '. . per lb. 

*— p run elite . . . do. 

*— succini ... do. 

*Salep, or salop, from place of growth . do. 

* -, not from place of growth.... do. 

*Salt, [131] (subject also to Excise) imported in British 


built ships per roey of 40 bushels, each bushel .56 lbs. 


-a..;., 

£. s. d. 

0 0 4 


£. s. d. 

0 0 2 


2 0 0 
0 0 4 


35 0 0 


25 0 0 

-c 


2 0 0 

50 0 0 


2 1 46 
4 11 0 

2 13 2 

2 14 6 

4 9 6 

4 11 0 

2 13 2 

4 9 6 

53 2 0 


0 0 1 
0 4 8 
0 2 6 
0 0 3 

0 1 6 
0 0 6 
0 1 0 


0 1 3 
0 0 2 
0 0 9 
0 0 2 
0-0 6 


0 5 0 


0 3 6 


' IMPORT LAWS. 

[129] All linen weighing above 17 6-10tli oz. per square yard is deemed sail-cloth ; but, 
if esucli linen be liable to a higher duty than tiiat on sail-cloth, it will pay the higher duty. 

[130] All foreign-made sail-cloth or canvass imported into Great Britain bv way of mer¬ 
chandize, shall be stamped upon landing by the Commissioners of Customs.—9 Geo. II. 
c. 37. continued by 39 and 40 Geo. III. c. 45. till Sept. 1804, and thence to the end 
©f the then next session of parliament. 

[131] Salt is not importable from Germany or the Netherlands, on forfeiture of goods 
and vessel; 13 and 14 Car. II. c. 11. Nor, by 38 Geo. III. c. 8'.>, may any salt or rodc- 
salt, whether the produce of Great Britain or of any other country, be imported into Great 
Britain, from Guernsey, Jersey, Sark, Alderney, or Man, (excepting only 2 lbs. weight 
for the use of each seaman, and excepting fishing-vessels having salt necessary for curing 
fish,) upon forfeiture of the same, together with the ship and furniture, See. Foreign salt 
may not be imported in vessels under 40 tons burthen, or otherwise than in bulk; nor is it 
importable in any other than British-built ships; or in British ships owned by British sub- 
iects; or in sfiips of the built of the same country as the goods; or of some country in 
"Europe belonging to the sovereign of that European country of which the goods are the 
produce; or of the usual ports of shipping for transportation; all legally navigated; on' 
forfeiture of ship and goodsc 12 Gar. II. c. 18 ; and 27 Geo. III. c. 19. 

By 26 Geo. III. c. 26. § 10. the importer of foreign salt may give bond for payment of 
the whole duties of Customs within 12 mouths. If exported within that time, the bond is 
discharged. Upon payment of the full duties within the 12 months and exportation within 
the time limited by law, such drawbacks are allowed as are stated above in the column 
of drawbacks. 



















































68 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


IMPORTS. 

♦Salt, in foreign ships, [132] . per xoey 

♦Salt-petre, [133] '. per czut. 

♦ - } import d by East-India Co. do. 

8^ See East-lndia Goods imported. 

Sandrake. See Gum saiiaruk*. 

♦Sanguis dra< onis, from place of growth . per lb. 

♦--, not from place of growth. do. 

♦ - 1 imported by East-lndia Company, 

duty on warehousing. per cent, ad val. 

--, home consumption duty . per lb. 

See East-lndia Goods imported. 

♦Saphora ... per cent , ad val. 

Sarcocolla Gum. See Gum. 

Sark. See Alderney and Convoy-Duty. 

♦Sarsaparilla .. per lb. 

See Drugs. 

♦Sassafras wood or roots .. per clot. 

♦Saunders, red ... do. 

■-, imported by East-lndia Company, duty on 

warehousing . per cent, ad val. 

—--, home consumption . per cwt. 

See East-lndia Goods imported. 

♦ -, white or yellow . per lb. 

♦ -—:-, imported by East-lndia Company, duty 

on warehousing . per cent ad val. 

—--, home consumption . .per lb. 

{^Jr* See East-lndia Goods imported. 

♦Sausages or puddings. do. 

Scabbards. [134] 

Scaleboards. See Paper. 

♦Scammony, from place of growth . d . 

♦—— -, not from place of growth. do. 

♦ -- imported by the East-lndia Company, duty 

on warehousing. per cent, ad val. 

-, home consumption duty . per lb. 

Scarlet powder. See Qrain powder. 

Scissars. [135] 

♦Scoops of wood. per doz. 

♦Scratch brushes . per cent, ad val. 

♦Sculptured marble and statuary, [136] . per lb. 

Scummers, not importable for sale. See Andirons. 

♦Sea-cow, sea-horse, or sea-morse teeth. do. 

♦Sealing wax... per cent, ad val. 

Seal oil. See Oil, train, and hides. 


Duties. 

£. s. d. 

0 5 6 

0 0 3 

0 0 3 


0 0 10 
0 2 6 

2 0 0 
0 0 10 

20 0 0 


0 0 9 


2 0 0 
0 2 4 

0 0 4 

2 0 0 
0 0 4 

0 0 6 


0 3 6 

0 9 0 

2 0 0 
0 3 6 


0 1 3 

35 0 0 
0 0 3 

0 1 0 
35 0 0 


Drawback. 

£. s. d. 

0 3 6 


0 0 6 
0 1 4 


15 0 0 

0 0 6 

0 1 7 


0 0 2 


0 1 8 
0 5 0 


0 0 10 
25 0 0 


0 0 7 
25 0 0 


IMPORT LAWS. 

£132j By the 43 Geo. III. c. 153. From the 12th of August, 1803, until 6 months 
after the ratification of a definitive treaty of peace, salt, of the produce or manufacture of 
Portugal, may be imported into the united kingdom, in any vessel of states in amity, 
upon payment of the like duties, and subject to the same regulations, as if imported In 
vessels of the kingdom of Portugal. 

[133] These reduced duties are under tire 31 Geo. III. c. 42. which permits the im¬ 
portation ot salUpetre trom any country whatever, and repeals all drawbacks upon tHis 
article.-—Salt-petre is exempted frofii the warehousing-duty, if imported by the East India 
Company, by 39 and 4-0 Geo. III. c. 38. 

[134J Scabbards and sheaths for knives (not being French or Dutch hardware, turnery, 
&c.) are not importable/or sale ; see Bits. 

[135] Scissars, and shears for tailors, are not importable/or sale. See Andirons. 

[136] By 41 Geo. III. c. 89. it is provided, that if any statue, group of figures, or 
other stone or marble ornament, carv&d out of the same block, exceed one ton weight, the 
duty as above shall be paid only upon one ton. 













































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 69 


IMPORTS. 

^Seal-skins, undressed, and imp. in Brit, built ships ,per skin 

* -, in foreign ships. do. 

*—-, cured with foreign salt, and imported in a 

British built ship, [137] . per skin 

See the note on Oil, train. 

*Seed for gardens. See Garden-seed. 

* -, not particularly enumerated in the alphabetical 


arrangement, or otherwise charged per cent, ad val. 
Seed-oil. See Oil. 

*Sena, from place of growth . per lb. 

* -, not from place of growth . do . 

* -, imported by East-India Company, duty on ware¬ 

housing . per cent, ad val. 

•-, home consumption duty . per lb. 


See East-lndia Goods imported. 
Serpentine powder. See Gun-poioder, 

Shaving for hats. See Platting. 

Shears for tailors [135] 

Sheaths, not importable for sale. See Andirons. 
Sheep. See Cattle, great , and also Provisions. 


guts, dried, to make whips .. per 12 doz. 

skins, undressed, in the wool.. per doz. 


* --, dressed in oil or otherwise dressed ... per doz. 

See Skins. 

* -wool. See Lambs wool. 

*Sbips and all their tackle and furniture (except sails) 

* per cent, ad val. 
See also Tonnage-duty. 

-, taken as prize. See Prize-goods. 

Shoes, not im portable for sale. See Andirons. 


♦Shovels of wood, unshod... per doz. 

♦Shruff, or old brass, for re-manufacture, . per cwt. 

♦Shumac . do. 

j, Silesia linen. See German linen. 

Silk, embroidered. See Embroidery. 

Silk gauzes. See Gauzes. 

- gloves. See Gloves. 

- handkerchiefs. See Handkerchiefs. 


* - knubs, or husks of silk . per lb. o/16 oz. 

■ - mits. See Gloves. 

-needle.-work. See Needle-work, 

* -, organzined, [138] and all thrown silk, in the gum, 

per lb. of 16 oz. 


Duty. 

£. s. d. 
0 0 2 
0 0 9 

0 0 2 


35 0 0 

0 0 9 
0 1 10 

2 0 0 
0 0 9 


0 0 8 
0 1 4 

0 5 6 


10 0 0 


0 3 4 
0 17 3 
0 0 10 


0 1 10 


0 9 0 


Drawback. 
£. s. d. 

0 0 5 


25 0 0 

0 0 4 
0 1 0 


0 0 5 
0 0 9 
0 2 6 


0 2 6 
011 9 


0 1 5 

0 6 5 


IMPORT LAWS. 

[137] The regulations under which seal-skins may be imported upon payment of these 
duties are contained in 31 Geo. III. c. 26 ; 32 Geo. III. c. 36 ; continued by 39 Geo. Ill, 
c. 38. until .24 June 1804. 

[138] Thrown silk, of Turkey, Persia, East India, China, or arty other country, may 
not be imported ; except thrown silk of Italy, Sicily, or Naples, brought directly thence 
by sea, in British ships legally navigated ; on penalty of forfeiture : 2 Will, and Mary, 
c. 9. But any organized thrown silk, the growth or manufacture of Hungary or the Au¬ 
strian dominions, or any part of Germany, may be imported from the Austrian Nether¬ 
lands, or any place subject to the Emperor of Germany : 22 Geo. III. c. 78. However, 
by 55 Geo. III. c. 100. (continued by 43 Geo. III. c. 153. until six months after the 
ratification of a definitive treaty of peace) organzined thrown silk of Italy, (not being of 
the sort called tram, nor coarser than third Bolonia) may be imported into London, from 
any port or place in amity, in any ships whatever. 





























CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


*Silk, 

* - 

* _ 


IMPORTS.' 

raw, [139] . per lb. 

-, of Bengal, imported by East-India Company, 

duty on warehousing' .. percent, ad v'.l. 

-, home consumption duty . per lb. 

of any other sort, imported by JEast-India Com¬ 
pany, duty on warehousing. percent, ad-cal. 

-, home consumption duty. per lb. 


{K|p See East-India Goods imported. 


Duty. 
£. s. d. 

0 4 0 


Dra wback. 

£. s. d. 

0 2 0 


2 0 0 
0 3 0 


2 0 0 
0 4 0 


- ribands. See Ribands. 

- -stockings. See Gloves. 

* --, thrown, dyed.. per lb. 

* -waste, not otherwise enumerated . do. 

* -—.imported by East-India Company, duty on 

warehousing . per cent ad vcl. 

-_-.—, home consumption duty. per lb. 

See East. India Goods imported. 

Silk, wrought [140] 

* -, viz. crapes and tiffanies of Italy, in Bri¬ 


tish built ships [141] . per lb. 

*-worm gut .7. per cent, ad va!.' 


Stiver. See Bullion and Plate, and see n\&o'Goid or Silver 


1 8 0 
0 1 10 


2 0 0 

0 1 ' 10 


1 18 0 
35 0 0 


1 , 1 9 
0 1 5 


25 0 0 


Thread. 

#——beaten, wrought in papers for painters, not im- 
portable for saT, by aliens. See Buckles. 

*— T — wire..... per cent, ad val. 

Singing birds. See Birds. 

^Sisters’ thread . per lb. 

Skates for sliding ... percent, ad cal. 

^Sheets for whitsters. per skect 


35 0 0 

0 5 0 

35 0 0 

0 0 4 


25 0 0 

0 2 6 
25 0 0 

0 0 3 


£ 


IMPORT LAWS. 

[135] Raw silk, the culture of British colonies in America, is imported directly thence 
into London, in ships legally qualified to trade there, free of duty ; if duly entered and 
landed, accompanied with certificate from the shipping-port, and the master making oath 
to the identity of the packages ; otherwise it is liable to duly : 2'i Geo. II. c. 20. § 1.—- 
Raw silk and mohair yarn of Asia, if brought from the Streights, or Levant Seas, can be 
brought only from such places as are in the Grand Signior’s dominions ; 12 Car. II. c. 
18. and 6 Geo. I. c. 14; and may be landed, to he opened and aired in the lazarets of 
Ancona, Genoa, Leghorn, Malta, Marseilles, Messina, or Venice, if brought from the 
first shipping-port without a clean bill of health; 11 Geo. Ill, c. 41. But see, under 
the article Streights how goods may by 39 Geo. III. c. 99, be imported with¬ 
out having been aired in the lazarets. T —Raw silk of Persia may be imported in British- 
built ships, legally navigated, from the Russian dominions, by persons free of the Turkey 
Company ; such goods being purchased by barter with manufactures, (except gold and 
silver in coin and bullion,) or tbe produce arising therefrom, exported from Great Britain 
to Russia; and although tlie*same be not carried into Persia : oath to the facts must be 
made by the importer, or the goods are forfeited : 23 Geo. II. c. 34. 

[140] Foreign wrought silks or velvets (except from the East Indies, and,crapes and 
tiffanies of Italy, may not be imported on penalty of forfeiture and 100/. by o Geo. III. 
c. 28. continued till 14 June, 1808, and thence to the end of the next session of parlia¬ 
ment, by 42 Geo. III. c. 70. See East-India wrought silks. The prohibition on foreign 
silks was likewise enacted by very .old statutes; for, by 19 Hen. VII. c. 21. silk wrought 
by itself, or with other stuffs, in foreign parts, in ribands, corses, laces, girdles, cauls, 
corses of tissue or points, may not be imported for sale, on penalty of forfeiture, or their 
value; but as to ribands, laces, and girdles, see other penalties under the word Ribands. 

[141] Silk crapes and tiffanies of Italy, if not imported directly thence, are forfeited, 
and 100/. by 31 Geo. Ill, c. 37. 







































/ 


CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 71 


IMPORTS. 

Skins and furs. [1421 

*—■— and pieces of skins, tanned or dressed, not other¬ 
wise enumerated .. per cent, art vat. 

♦ -, raw or undressed, and not otherwise enu¬ 

merated .. per rent. art. val, 

♦Slate stone of Guernsey, Jersey, Sark, Alderney, or Man, 
imported from those islands respectively 

per cent, art vert. 

♦—--, of any other place not otherwise enumerated 

per cent, ad val. 

♦Slates in frames .;. per dm. 

♦Slate pencils.. per cent, ad val. 

♦Slick-stones. per 100 

♦Smalts . per lb. 

Snake root. See Radix Serpentarice. 

♦Snuff, £143] (subject also to Excise) from British planta¬ 
tions in America or from Spanish West Indies, 

per lb. 

♦ -, from any other place, (except from American 

States, and by East-Iodia Company). p•■r tb. 

♦—_ } from American States, in British built ships do. 

♦ -, but in Am. ships pay additional per 100 lbs. 

♦ -, imported by East-India Company, duty on ware¬ 

housing .' per cent, art val. 

-, home consumption duty. per lb. 

(£|f > See Eust-India Goods . imported. 

- work, prohibited. See Tobacco. 

Snuff boxes. See Boxes. 

Soap ashes. See .Ashes. 

♦ Soap hard, [144]... per cast. 

♦ -, soft, [144] . do. 

♦Soapers’ waste. . ..'... per ton 

Sour crout. See Provisions. 

♦Spa ware . per cent, art val. 

-water. See Mineral water. 

Spain. [145] 

♦Spanish wool. per cast. 

♦Spanish or Portugal linen, plain, not above 36 inches 
broad . per ell 

♦ —--, above 36 inches broad. do. 

♦Spars, under 22 feet long, and under 4 inches diameter, 

exclusive of bark, in British built ships per 120 

♦ - } in foreign ships.«... do. 


Duty. 

£. s. d. 


90 0 0 

35 0 0 

22 0 0 

$5 0 0 
0 1 4 

35 0 0 

0 4 2‘ 

0 0 5 


0 0 8 

0 1 0 
0 1 0 
0 10 0 

2 0 0 
0 0 8 


2 110 

2 3 8 

0 2 0 

35 0 0 


0 4 8 

0 0 7 

0 0 10 

0 17 4 
0 18 4 


Drawback. 

c6. (f, d* • 


25 0 0 
25 0 0 


25 0 0 
0 0 10 
25 0 0 
0 3 0 

0 0 4 


25 0 0 


0 0 5 
0 0 8 

0 9 6 

0 9 6 


IMPORT LAWS. 

£142] The dutiesand import-regulations of the different skins and.furs will be found in 
the alphabetical arrangement, such as badger-skins, ermine-skins , &c. 

£143] Snuff is likewise subject to Excise-duties. It may be warehoused -without pay¬ 
ment of any duties, and paid,only when taken out for home-consumption. For the import- 
regulations, Tobacco. 

£144] Soap is not importable in packages of less than 224 Ids. net weight: 23 Geo. II, 
c. 21. 

£145] Goods, the growth, product, or manufacture, of the Spanish or Portuguese plan¬ 
tations or dominions, may be brought from any of the ports of Spain, Portugal, the 
Azores, the Madeira?, or the Canary Isles, in British ships legally navigated, by any 
persons whatever: 12 Car. II. c. 18 j and 17 Geo. II. c. 36. 















































72 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


IMPORTS. 

*Spars, 22 feet or upwards in length, and under 4 inches 
diameter, exclusive of bark, in British built ships 

per 120 

* -, in foreign ships. do. 

* -, 4 inches diameter, and under 6 inches, exclusive 

of bark, in British built ships. per 120 

* - > in foreign ships . do. 

* -, of all sorts under 6 inches diameter, exclusive of 

bark, from American States, in British built ships, 

per 120 

* -, but in American ships. n . do. 

{£jp See the note on Wood from America. 

* -, of all sorts under 6 inches diameter, exclusive of 

bark, of British colonies in America, and import¬ 
ed directly thence . per 120 

^Speckled wood of the British plantations or settlements in 
Africa or America, imported directly thence 

per ton of 20 czot. 

* -, of any other country or place, (excepting 

American States) or if otherwise imported per ton 

* -■, from American States, in British built ships, 


per ton 

-, in American ships . do. 

See the note on Wood from America. 

^Spelter . per cwt. 

^Spermaceti, oily. [146] 

* -,of the fisheries of the American States im¬ 

ported thence in British built ships . per ton 

* -in American ships .. do. 

* -, fine, . per lb, 

* -;-, from American States in British built ships 

per lb. 

* --, in American ships. do. 

-candles. See Candles. 

Spicery. [147] 

Spike, oil of. See Oil. 

^Spikenard .:. per lb. 

* -, imported by East-India Company, duty on 


.— -, home consumption duty. per lb. 

See East-India-Goods imported. 


Duty. Drawback* 
£. s. d. £. s. d. 


1 10 0 0 15 6 
1 11 0 0 15 6 


350 1 14 a 
376 1 14 0 


0 10 0 
0 13 9 


0 10 0 


0 10 0 


5 7 2 


4 1 8 


0 10 0 
1 0 9 


0 17 6 


0 12 6 


22 1 0 
24 5 1 

0 0 10 


14 14 0 
14 14 0 
0 0 6 


0 0 10 0 0 6 
0 0 11 006 


0 


8 


0 1 0 


2 0 0 
0 1 8 


r _ IMPORT LAWS. 

0.7 Imi.. thC m ' POrl ‘ reS "' ati0 " s - and duties of British or other fishing. See the article 

[ W] The duties and drawbacks on the articles comprehended under this denomination 
will be found under them respective names. Here only it mav be observed that spicery ", 
not importable from Germany or the Netherlands, (13 and 14 Car. II c 11 1 ever,,, 
cinnamon, cloves, mace and nutmegs, which are importable from any foreign parts in 
British-buitt ships, legally navigated, by licence from the Commissioners of Customs 
(which licence they are to grant upon demand, and without fee, by 8 Anne, c. 7.) «,e 
of %• nct “ ch > «>e nutmegs, cloves, and mace, in cask of 3*'b! 

net eacn, on forfeiture of the same and the vessel; by 6 Geo. I. c. *1. and 8 Geo. I e 18 - 

winch are continued by subsequent acts till 29 Sept. 1809, and thence to the end of the 
then next session of parliament. c 

The warehousing regulations for and the duties on cinnamon, cloves, mace and nut¬ 
megs, imported by he East-India Company, (as those articles are stated in the alphaheUcai 
arrangement,) are in pursuance of the 38 Geo III c 68 and arm „ aipnaneucai 
Geo. III. c. 20. § 4. till 24 June, 1808. ’ ' coatuule - « 



































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 73 


IMPORTS. 

♦Spinnel. See Incle. 

Spirits. [148] 

* -, of the settlement of the Cape of Good Hope, or 

its dependencies .,.. per gallon 

* -, of all sorts, not otherwise enumerated, and not 

imported by the East-Jndia, Company per gallon 
Spits. See Broaches 

♦Spokes for wheels, not above 2 feet long, from Europe, in 
British built ships. per 10QO 

* -—, in foreign ships ..„. do. 

* - -y above 2 feet long, in British built ships, dp. 

* -, in foreign ships. do. 

*■-of all sorts from American States, in British built 

Ships. per 1000 

* -in American ships .. do. 

SCf* Seethe note on Wood from America . 

* -of all sorts, the production of the British colo¬ 

nies in America, imported directly thencepsr 1000 
♦Sponge, from place of growth . per lb. 

* -, not from place of growth . . do. 

*Spoons of tin or lead, not importable for sale by aliens. 

See Buckles. 

♦Spouts of wood . per cent, ad val 

Spruce beer. See Beer. 

-essence of. See Essence. 

--canvas. See Canvas. 

Spurs. [149] 

♦Squills ..... per cwt. 

*•-imported by the East-India Company, duty on 

warehousing . . percent, ad val. 

-, home consumption duty . per czet. 

2^=* See Eust-Indiu Goods imported. 


Duty. 
<£. s. d. 


0 0 8 


0 3 4 


1 

3 

3 

6 

3 

10 


9 

2 

10 


35 0 0 


0 3 0 

2 0 0 
0 3 0 


Drawback* 


£. 


s. d. 


0 0 5 
0 2 6 


8 

8 

16 

16 


25 0 0 


0 1 8 


IMPORT LAWS. 

[148] The duties and drawbacks on the articles comprehended under this denomination 
will be found under their respective names. 

The following are the regulations as to the vessels, casks, and strength. -—As to the vessels 
importing : if spirits are not imported in vessels of upwards of 100 tons, (except spirits of 
the British sugar plantations, which are importable in vessels of 70 tons, bv 6 Geo. III. c. 
46 .) they and the vessel are forfeited, by 5 Geo. III. c. 43. All other vessels are allowed 
a quantity not exceeding two gallons per man for the ship’s use. Aqua vitae and brandy- 
wine are importable only in British-built ships; or in British ships owned by Britishsub- 
jects; or in ships of the built of the same country as the goods ; or of some country in 
Europe belonging to the sovereign of that European country of which the goods are the 
produce* or of the usual ports of shipping for transportation; all legally navigated; 
otherwise they and the vessel are forfeited, by 12 Car. II. c. 18 ; and 27 Geo. III.c. 19. 
~—As to the casks: spiiits (except rum pf British plantations, and arrack) are im¬ 
portable only in casks of 100 gallons at least, on forfeiture of the same and vessel: 
26 Geo. III. c. 73. But foreign spirits, from Europe, in casks of not less than 60 gal¬ 
lons, otherwise they and the vessel arc forfeited : 19 Geo. III. c. 69. Ruin, in casks, not 
less than 60 gallons, (except smaller casks from British plantations, designed for private 
use or for presents,) on forfeiture of the same and vessel: 5 Geo. III. c. 43. All spi¬ 
rits, in whatever casks, are prohibited from the Isle of Man, on forfeiture thereof and 
of the vessel : 5 Geo. III. c. 39.— As to the strength of spirits : none (except those from 
British sugar plantations) may be imported of higher strength than 1 to 9 over hydrome¬ 
ter-proof, 26 Geo. III. c. 73 ; 27 Geo. III. c. 31.; and 38 Geo. III. c. 35 

[149] Spurs are not importable for sale. See Andirons. And spurriers’ wares are not 
importable for sale by aliens. See Buckles. 





































t 


47 CUSTOM DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


IMPORTS. 

*Squinanthum, from place of growth, .. per lb . 

* -, not from place of growth. do. 

if, -, imported by East-India Company, duty 

on warehousing.. per cent, ad val. 

-■-, home consumption duty. per lb. 

See East-India Goods imported. 

^Squirrel or Calabar-skins, undressed,. per 100 

* -, tawed ... do. 

*— - or Calabar tails. per cent, ad val. 

Stag-horns. See Horns. 

Stained paper. See Paper. 

*Starch, [150] .... per cwt. 

Statuary of marble or stone. See Sculptured Marble. 

* -, of any other sort. per cent, ad val 

^Staves, [151] not exceeding 36 inches long, from Europe, 

in British built ships .... per 120 

* -, in foreign ships .. do. 

*--, above 36 and not exceeding 50 inches long, 

from Europe, in British built ships . per 120 

*■-, in foreign ships . do. 

* -, of all sorts, not exceeding 50 inches in length, 

from American States, in British built ships 

per 120 

* -, in American ships. do. 

*--, above 50 and not exceeding 60 inches long, 

from Europe, in British built ships. par 120 

* - 1 i n foreign ships. do. 

* -—, above' 60 and not exceeding 72 inches long, 

from Europe, in British built ships . per 120 

* -, in foreign ships. do. 

* -, above 72 inches long, from Europe, in British 

built ships . per 120 

* -.- 3 in foreign ships. do. 

* -, of all sorts exceeding 50 inches in length, from 

American States, in British built ships per 120 

* -, in American ships. do. 

See the note on fVood from America. 

*--, of all sorts, not exceeding 50 inches in length, 

of the British colonies in America, and imported 
directly thence . per 120 

* -, exceeding 50 inches in length. ... do. 

*Staves-acre . per not. 

*Steel, gad-steel. do. 

* -, long steel . .... do. 

* --, wisp-steel . do. 

* --, wire... per lb. 

Stibium. See Antbnonrum Prcparatum. 

Stick-lac, See Lac in Gum , 

^Sticks, walking sticks .. per cent, ad val. 


Duty. 
£. s. d. 
0 0 5 
0 13 

2 0 0 
0 0 5 

0 7 0 
0 10 6 
35 0 0 


5 17 6 

35 0 0 

0 8 0 
0 8 2 

0 15 0 
0 15 6 


•0 0 9 

0 1 10 

1 0 0 
1 0 6 

*19 4 
1 10 0 

1 13 4 
1 15 0 

0 1 6 

0 4 3 


0 0 9 
0 1 6 
0 14 4 
2 119 
0 15 10 
0 16 0 
0 1 0 


Drawback. 
£. s. d. 
0 0 3 

0 0 9 


0 4 2 
0 5 0 
25 0 0 


25 0 8 

0 3 10 
0 3 10 

0 7 3 

0-7 3 


09 8 
0 9 8 

0 H 6 
0 14 6 

0 16 8 
0 16 8 


0 5 10 
2 0 8 
0 12 0 
0 12 0 
0 0 9 


35 0 0 J25 0 0 


IMPORT LAWS. 

T150] Starch is not importable in packages of less'than 250 lbs. net weight. 

[151] Staves pay duty according to their several lengths above-mentioned’, being not 
above 3 inches thijcJv, nor above 7 inches broad. If they are above 3 inches thick or 
above 7 inches broad, and not exceeding 5 feet 3 inches long, they are deemed clap¬ 
boards, and pay duty accordingly. If above 3 inches thick, or above 7 inches broad 
and exceeding 5 feet 3 inches long, they are deemed pipe-boards, and pay duty accordingly* 



























































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 75 


IMPORTS. 

Stirrups. [152] 

♦Stock-fish, (See Fisk) ... per 120 

♦Stockings, of cotton . p er cent, ad val. 

-thread or worsted . do. 

♦Stock-locks, not importable for sale by aliens. 

See Buckles . 

Stone bottles. See. Bottles. 

♦Stone of the Islands of Guernsey, Jersey, Sark, Alderney, 
or Man, imported thence [153] per cent, ad val. 

* - an Y other place, not particularly enumerated 

per cent, ad val. 

♦Storax, or styrax, calamita, or liquida, from place of 
growth .. p eT lb. 

* -, not from place of growth . do. 

* -> imported by East-India Company, duty 

on warehousing . per cent, ad val. 

* ---> home consumption duty. per lb. 

8^* See East-India Goods imported. 

* -, in the tear or gum, from place of growth per lb. 

* -., not from place of growth. do. 

* - —imported by East-India Company, duty 

on warehousing.. per cent, ad val. 

-, home consumption duty. per lb. 

Straw hats or bonnets. See Hats. 

- platting. See Platting. 

Streichts, or Levant Seas. [154] 

♦Stuffs, made of or mixed with wool . . per yard 

— prohibited. See Calicoes. 

♦Sturgeon, (see Fish) per keg of not more than 5 gallons 

♦Succades, wet or dry ... per lb. 

Succini sal. See Sal. 

* -, imported by East-India Company, duty on 

warehousing . per cent, ad val 

-, home consumption duty. per lb. 

8^* See East-India Goods imported. 

♦Succinum, ... do. 

♦Succus liquoritiae, or liquorice juice. ....per cwt. 

Sugar, viz. [155] 

-, refined. do. 


Duty. 
£. s. d. 

0 2 6 
52 0 0 
35 0 0 


22 0 0 

35 0 0 

0 0 8 
0 1 6 

2 0 0 
0 0 8 

0 5 0 
0 10 0 

2 0 0 
0 5 0 


0 7 0 

0 4 4 
0 1 0 


2 0 0 
0 1 0 

0 0 9 
1 14 6 

5 12 0 


Drawback. 
£. s. d. 


41 10 0 
25 0 0 


25 0 0 

0 0 8 


0 2 6 
0 5 0 



0 0 6 


IMPORT LAWS. 

[152] Stirrups made in foreign parts are not importable/or sale. See Bits. 

[153] By 42 Geo. III. c. 95. Burr stones and paving stones , the production of Guerm 
sev, Jersey, Alderney, Sark, and Man, may be imported free of duty, if accompanied 
with a legal certificate ascertaining the same to be of the produce of Guernsey, &c. and 
upon oath being made that it is of this description, and that the stone imported for paving 
is intended for that purpose only. 

[154] Commodities of the Levant Seas are importable from the usual places of lading 
there, in British-built ships, legally navigated, although the said commodities be not of 
the growth of those places; 12 Car. II. c. 18: except raw silk and mohair yarn of Asia, 
for which see Silk, razv. Goods from the Levant are liable to retain the infection of the 
plague; and therefore ships from those seas are subjected to the Quarantine-laws, which 
are fully given in the Shipmaster’s Assistant. 

[155] Sugar is importable only in such vessels as are described under the article Raisins, 
and is prohibited from Germany or the Netherlands. See Grocery. —For the admission 
of sugar, &c. in ships of any country at amity, under orderin council. See note [2] on 
America. 




































76 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS 


IMPORTS. 

Sugar, not of the British plantations, viz. 

white or clayed. [156] ..-. P er cwi ‘ 

brown or muscovado, [156]. do. 

_ t from any British colony or plantation on the con¬ 
tinent of America, . [157] duty on warehousing, 

per cwt. 

--—, white or clayed, home cons, duty do. 

- -.-, brown or muscovado, home con. duty do. 

-, from British plantations (not on the continent of 

America) [158] 

.----, white or clayed. per cwt. 

__-—, brown or muscovado. do. 

_ Drawback, if the average price of brown 

or muscovado sugar, published in the London 
Gazette (exclusive of duty) shall not exceed 35s. 
per cwt. exported in British built ships 

per czi'i. 

if exceeding 3 5s. a 

_40 — 

-58 — 

_ 60 — 

- 62 — 

--64 — 

_- 66 — 


58 - 

— do. 

60 

— do. 

6'2 

— do. 

64 

— do. 

66 -- 

— do. 

68- 

—. do. 


Duty. 

£, s. d. 


16 

n 


o 

16 

17 


3 

0 


0 

4 


4 

0 


Drawback. 

£. s. d. 

2 2 0 
1 8 0 


** 

** 


1 2 - 0 
1 1 0 
1 0 0 
0 18 0 
0 16 0 
OHO 
0 12 0 
0 10 0 


IMPORT LAWS. 

Sugar also pays additional in lieu of convoy-duty, (See note [35]) 20/. per cent-on the 
amount of these duties : and the drawback on this additional duty is 20/. per cent, on 
the amount of the other drawbacks. The present duties on sugar are to contiuue by 43 
Geo. III. c. 42; and 68. until 25 March 1804. 

[156] Sugar, not of British plantations, upon importation into Great Britain in Bri¬ 
tish-built ships, owned, navigated, and registered according to law, from any country not 
in Europe, shall, and may, upon importation into London, Bristol, Liverpool, Lancas¬ 
ter, Glasgow, or Leith, be warehoused, at the expence of the importer, free of duty ; and 
may be exported from such warehouses upon payment of c is. 6d. per cwt.: but, if taken 
out for home consumption, the full duties must be first paid ; 32 Geo. III. c. 43. § 11 ; 
39 Geo. III. c. 63 ; and 43 Geo. III. c. 68. By 39 Geo. III. c. 95. goods (sugar in¬ 
cluded) the produce of any foreign colony, &c. in America, impofted directly thence in 
American vessels, or in vessels belonging to states in amity, may be entered, landed, and 
warehoused, by order of council, without payment of duty. See note [2] on America. 
See the note on Plantations, British, for the ports into which and whence sugar may 
be carried ; am! as to what sugar is deemed foreign, although imported from British plan¬ 
tations. 

[157] Of this description of sugar it appears that none (now at least)- ever comes to 
Great Britain. The conditions under which'(by 43 Geo. III. c. 68.) such sugar may, on 
importation, be warehoused on payment of this duty, are contained in 6 Geo. III. c. 52. 

[158] By the 39 and 40 Geo. III. c. 12. and 48. amended by 41 Geo. III. c. 44. and 
42 Geo. III. c. 47. continued by 43 Geo. III. c. 42. till 25 March 1804, the Commis¬ 
sioners of the Customs may take bond for the payment of the duties, within a limited 
time from the date of the bond, on British plantation sugar, imported into Great Britain ; 

• which goods shall be warehoused at the expence of the importers, under the joint locks of 
his Majesty and such importers. Payment of the duties must be made in three months, 
with interest at 51. per cent. At the expiration of the three months, if the duties be not 
then paid, such sugar may be sold by the commissioners, unless satisfactory proof be 
shewn, by the importer or proprietor, that such sugar remains unsold; and, in this case, 
the commissioners may, either for the whole, orfor any part, remaining unsold, renew the- 
bpnds for a farther period of three months. The stamp duties on the bonds may, on pay* 
znent of the duties, be deducted from the amount. 







































CUSTOM*DUTIES, DRAWBACKS* AND IMPORT-LAWS. 77 


IMPORTS. 

Sugar from British plantations not on the continent of 
America, drawback if the average price of brown 
or muscovado sugar, published in the London Ga¬ 
zette (exclusive of duty) shall exceed 68s. and not 

above 70s... per cwt 

If exceeding 70s. no drawback to be allowed. [159] 

If exported in foreign ships, the drawback is Is. less 
per cwt. than the above. 

r "> imported by the East-India Company, duty on 

warehousing . per cent, ad val. 

--, home consumption duty ... per czyt. 

-, and additional in lieu of convoy-duty 

per cent, ad val. 

Drawback. See note [155] 

SCj 51 See East-India Goods imported. 
♦Sugar-candy, brown .. per cwt. 

* --, imported by East-India Company, 

duty on warehousing —. per cent, ad val. 

-home consumption duty per cwt. 

& See East-India Goods imported. 

* -, white . do. 

* -imported by East-India Company, 

duty on warehousing .. per cent, ad val. 

- — -, home consumption duty, per civt. 

See East-India Goods imported. 

♦Sulphur impressions . per cent, ad val. 

* - vivum . .. per cwt. 

Swan quills. See QuiiL. 

Swan-skins, undressed, (see Skins ). ... per piece 

Sweep washers dirt containing bullion. See BuUiaxi. 
♦Sweet-wood of the British colonies or settlements in 
Africa or America, imported directly thence 

per ton o f 20 cwt. 

* -, from American States, in British built ships 

per ton 

ir -», in American ships .... do. 

See the no^e on Wood from America. 

* -of any other place, or otherwise imported 

per ton 

Swine. See Cattle great, an d Piovisions. 

Switzerland linen. See German linen. 

Syrup of Aikermes. See Alkermes. 

T. 

Tables of marble. See Marble basons. 

♦Talc, green or white. per lb. 

♦Tallow ...1./ per cwt. 

♦Tamarinds . per lb. 

See East-India Goods imported. 

♦Tanner’s waste . per cent, ad val. 

♦Tapes, open .. do. 

* -, worsted ... do. 

♦Tapestry, not of silk... do. 

♦Tapioca, (see Provisions) . per lb. 


Duty. 
£. s. d. 


1 0 0 

1 2 G 

' 

20 0 0 


3 10 0 

2 0 0 

3 10 0 

5 12 0 

2 0 0 

5 12 0 

35 0 0 

0 8 8 

0 1 4 


0 10 0 

0 10 0 

1 3 2 


6 110 


0 0 3 
0 1 10 
0 0 3 

20 0 0 
35 0 0 
35 0 0 

35 0 0 
0 0 3 


Drawback. 

£* s. d. 


0 8 0 


25 0 0 
0 6 6 

0 0 10 


4 8 4 



15 0 0 
25 0 O 
25 0 O 
25 0 0 
0 0 2 


IMPORT LAWS'. 

[159] For the bounties on the exportation of sugar, and tlie regulations for the estima¬ 
tion of its average price. Sjee the Table of Bounties and Allowances, Part I. hereafter. The 
regulations respecting the drawbacks are by 43 Geo. III. c. 11. which act is to continue 
in force for the port of London until January 5, and for the out-ports until January 15, 
18Q4. 


t 






































7S 'custom-duties, drawbacks, and import-laws, 


IMPORTS. 


Duty. 

£. s. 


♦Tar, not the product of dominions or plantations of Great 
Britain, in British built ships, [160] 

per last of 12 barrels, each of 31§ gall. 

♦—, in foreign ships. per last 

♦— y of British dominions or plantations .. do. 

♦— y from American States, in British built ships do. 

♦-, in American ships . do. 

5^ See Pitch and Naval Stores. 

♦—, Barbadoes tar. per lb. 

Tares. See* Provisions. 

♦Tarras ... per bushel 

Tea, [161] ( subject also to Excise) . per cent, adval. 

_ y exported, [162]. drawback per cent, ad val. 

♦Teake wood, 8 inches square or upwards, imported by 
East-India Company, duty on warehousing 

per cent, ad val. 
home cons, duty per load of 50 cubic feet 


♦Teasels ... per 1000 

♦Telescopes . per cent, adval. 

♦Terra Japonica. per lb. 

♦ - Sienna.. perewt. 

♦ - Umbra... do. 

♦ - Verde ... do. 

^Thermometers. per cent, ad val. 

♦ Thread, Bruges-thread.. per 12 lbs. 

♦ -, Cotton-thread... per cent, ad val 

♦ - y Outnall-thread .. perl 2 lbs. 

♦ -, Pack-thread. per cwt. 

♦ -, Sisters-thread... per lb. 


0 13 
0 14 
0 12 
0 12 
0 13 

0 0 

0 0 

5 0 


2 0 
0 19 
0 1 
35 0 
O 0 
• 0 15 
0 5 
0 7 
35 0 
0 18 
52 0 
1 2 
0 18 
,0 5 


d. 


Drawback. 

£. s. d. 


3 

0 

0 

0 

2 


0 8 4 
0 8 4 
0 7 3 
0 7 3 
0 7 3 


2 


0 0 1 


9 0 0 5 

5 0 0 


0 

0 

0 

0 

5 

0 

6 
6 
0 
9 
0 
6 
9 
0 


25 0 0 
0 0 3 
0 10 0 
0 3 0 

25 0 0 
0 8 9 
41 10 0 
0 16 2 

0 2 6 


IMPORT LAWS. 

[160] These duties upon tar are regulated by 39 and 40 Geo. III. c. 51. 

[161] Tea is importable only from the place of its growth, unless on licence, as men¬ 
tioned in the note on East-India Goods proh inted. It is subject also to a duty of Excise, 
and is not comprehended in the regulations for warehousing East-India goods, under* the 
39 Geo. III. c. 50, as mentioned in the note on East-India Goods imported. It is exempted 
from the additional duties imposed in lieu of Convoy duty, by 43 Geo. III. c. 70. 

[162] This drawback is allowed upon exportation to Ireland, Jersey, Guernsey, 
Gibraltar, or any place on the continent of Europe where a British'consul resides,’ or to 
British colonies in America; and it is payable upon conforming to the regulations con¬ 
tained in the21 Geo. II. c. 14.; viz. it is to be exported from the warehouses in the package 
in which it was originally imported, and in the entire lot sold at the sale of the East-India 
Company, upon bond being given for its due exportation; the certificate of landing in 
Ireland, Jersey, or Guernsey, to be produced in six months; of landing in America in 
eighteen months; and landing at Gibraltar or other place in Europe in twelve months; in 
order to discharge that bond. Certificates being produced to the warehouse-keeper that an 
entry has been made and security given, the tea is delivered out, with a permit to accom¬ 
pany it till shipped; which permit is to be delivered to the searchers, and the outside 
package marked in four places by the searchers. This drawback is likewise allowet^n ex¬ 
port to the coast of Africa; and proof of its landing there is to be made.bv oath of the 
master or mate, &c. within three years from the date of the bond; Geo. III. c. 74. and 
29 Geo. III. c. 59. By 41 Geo. III. c. 75. tea, sold at the sales of the East-India Com¬ 
pany after June 8, 1801, may be exported to Ireland without payment of duty, if .taken 
out of their warehouses for the express purpose of being exported to Ireland, and in a 
quantity not less than a lot, and upon bond being given forks due export. This act like¬ 
wise contains several regulations to be observed in the export of tea to Ireland. Tea is-not 
to be exported to Ireland in ships of less burthen than 80 tons, by 12 Geo. III. c. 60. 































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 79 


IMPORTS. 

♦Thread, whited brown-thread . per 12 lbs. 

♦-, not otherwise enumerated. per cent, ad val. 

Thread-work. See Needle - work. 

Thrown silk. See Organzine Silk. 

♦Ticking . per cent, ad val. 

♦Ticks . do. 

Tiffanies. See Silk, wrought. 

♦Tiger-skins, undressed, (see Skins ).. per piece 


♦Tiles, not particularly enumerated or described 

per cent, ad val. 

See Bricks. 

Timber, fir. See Fir-timber. 

Timber, oak. See Oak-timber. 

♦ -, 8 inches square or upwards, the production of 

the British colonies in America..'. per load 

♦ -, of American States, in British built ships 

per load 

♦ -, in American ships . do. 

♦ - of all sorts, not otherwise particularly enumerat¬ 

ed and described, being 8 inches square or up¬ 
wards, from Europe, in British built ships per load 

♦ --, in foreign ships . do. 

♦ -, of the British colonies in America, being 8 inches 

square or upwards, imported directly thence 

p n r load 

♦ -, from American States, in British built ships 


per load 

♦—>-, in American ships . do. 

See Wood, and the note on Wood from America. 

♦Tin .. per cud. 

♦Tincal.. ..... per lb. 

♦Tin foil . per cent, ad val. 


Tires of silk or gold are not importable for sale,, 

See Andirons. 

Tissue. See Silk, wrought. 

♦Tobacco, [163] of the plantations or dominions of Spain 
or Portugal ...... per lb. 


Duty. 
£. s. d. 
1 2 6 
-35 0 0 


35 0 0 
35 0 0 

•044 

50 0 0 


0 3 4 

0 3 4 
0 5 4 


1 0 0 
1 0 9 


0 1 6 

0 1 6 
0 3 6 

3 7 0 

0 0 4 

35 0 0 


0 1 6 


Drawback. 
£. s. -d. 
0 15 8 
25 0 0 


25 0 0 
25 0 0 

0 2 6 

36 11 0 


0 9 8 
0 9 8 


0 0 2 

25 0 0 


IMPORT LAWS. 

[163] The 29 Geo. III. c. 68. 31 Geo. III. c. 47. 33 Geo. IIL c. 57. and 43 Geo. III. 
c. 68. are the acts which regulate the tobacco and snuff trade, from which the following is 
extracted :—Tobacco may be imported only from British plantations in America, the 
United States of America, the Russian, Turkish, Spanish, and Portuguese dominions, or 
Ireland; but no tobacco-stalks, tobacco-stalk flour, or snuff-work, are at all importable, on 
penalty of its forfeiture and the vessel. Neithertobacco nor snuff may be imported in smaller 
vessels than of 120 tons, nor in casks containing less than 450 lbs. on forfeiture of the same, 
the ship, &c.; but loose tobacco for the crew, not exceeding 5 lb, each person, is allowed. 
Tobacco, if from British plantations, must be imported in British-built ships, legally navi¬ 
gated ; if from United Statfes, either in such British-built ships, or in American ships, 
legally navigated. Tobacco and snuff can be imported only into the following ports in 
Great Britain, viz. London, Bristol, Liverpool, Lancaster, Cowes, Falmouth, White¬ 
haven, Hull, Port Glasgow, Greenock, Leith, and Newcastle-upon-Tyne. Tobacco of 
American States may, in fair traffic, be taken into any British West-India islands, in Bri¬ 
tish-built ships, legally owned and navigated, and be thence imported into Great Britain. 
Ships wholly laden with tobacco may go into Cowes or Falmouth for orders, and wait there 
14 days, upon signifying the same to the officer of the Customs. No tobacco (except 
Spanish or Portuguese and except snuff) may be imported in any state of manufacture; 
nor may tobacco be exported in vessels of less than 70 tons burthen. The commissioners 



























SO CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS 


IMPORTS. 


Duty. 

£. s. d. 


^Tobacco, of the growth or produce of the dominions of 
Russia or Turkey, [164] in British built ships 

per lb. 

* - f of British plantations in America. do. 

* -, of American States in British built ships, do. 

* - } but in American pays additional per 100 lbs. 

* -, imported by East-India Company, duty on 

warehousing . per cent, ad val. 

--, home consumption duty. per lb. 

— -, short-cut, roll, shag, and carrot-tobacco, ma¬ 

nufactured from tobacco delivered out for home 
consumption, and exported, drawback per lb. 

^Tobacco-pipes. per cent, ad val. 

^Tongues, neats, (see Provisions) . per doz. 

— -, rein deer, (see Provisions) . per cent, ad val.- 


0 0 6 
0 0 6 
0 0 6 
0 1 6 

2 0 0 
0 0 6 


50 0 0 
0 1 4 
35 0 0 


Tonnage-Duty, [165] payable for every vessel enter¬ 
ing outwards or inwards, to or from the following 
places, viz. 

- Africa, any place there not otherwise described 

per ton 

- Alderney, isle of. do. 

- - American British islands or colonies, or any 

other part of America not otherwise described 

per ton 

———— American States ... do. 

- - additional on ships of the American States, ar¬ 
riving within the limits of any port in Great Bri¬ 
tain . per ton 

- Baltic, any places within it. do. 

— - Cape Breton, island of .. do. 

- Cape of Good Hope ... do. 

- East-India Company’s limits of trade, do. 

—•-• Europe, places in it not otherwise described 


0 

0 


0 

0 


0 

0 

0 

a 

o 


per ton 

Gibraltar, places within the Streights of, do. 


Greenland seas. do. 

Guernsey . . per ton 

Jersey. do. 

Labradore, coast of. do. 

Man, Isle of . do. 


0 

0 

0 

0 

0 

0 

0 


1 

0 


1 

1 


2 

1 

0 

2 

3 

1 

1 

0 

0 

0 

0 

G 


0 

6 


0 

0 


0 

0 

6 

6 

0 

0 

0 

6 

6 

6 

6 


Drawback. 

£. s. d. 


0 0 6 
36 11 6 

25 0 0 


Additional, 
in lieu of 
Convoy 
Duty. 

0 1 0 
0 0 6 


0 1 0 
0 1 0 


0 1 0 
0 0 6 
0 2 6 
0 3 0 

0 1 0 
0 1 0 
0 0 6 
0 0 6 
0 0 6 
0 0 6 
0 0 6 


IMPORT LAWS. 

of Customs and Excise are to cause all damaged and mean tobacco, upon which the im¬ 
porter refuses to pay duty, to be burnt; the ashes of which they are to sell, and make no 
allowance for the same tt> the proprietor. Tobacco is also subject to Excise. 

The conditions under which such tobacco may be warehoused, without payment 
of duty, until taken out for home consumption or manufacture, are contained in 29 Geo. III. 
e. 68. 31 Geo. III. c. 47. and 33 Geo. III. c. 57. 

[164] By 43 Geo. III. c. 68. § 29. tobacco of the territories of Russia or Turkey may 
be imported from thence in British-built ships, and warehoused, &c. on payment of the 
like duties as tobacco of the American States; and, if exported, shall be entitled to the 
same drawbacks. For the regulations respecting warehousing, &c. until delivered out for 
home trade or manufacture, see 37 Geo. III. c. 97. 

[165] This tonnage duty is payable on the registered tonnage of British-built ships, and 
on the admeasured tonnage of all other ships and vessels entering inwards or outwards, 
(except in ballast,) in any port of Great Britain, to or from foreign parts. From this duty 
vessels not required to be registered, and vessels employed in the fisheries on the coast of 
Great Britain, are exempted. Respecting the additional duty, see note on Convoy 





















































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 81 


IMPORTS. 


Duty. 


Tovnacf-Duty, as before mentioned, payable for every 
vessel entering outwards or inwards, to or from 


the following places, viz. 

— Newfoundland ... per ton, 

— Russia . do. 

— Sark, Isle of.. do. 

— St. John, Isle of (Newfoundland) . do. 

— Southern Whale-Fishery . do. 


Tonnage-Duty for Quarantine, See Quaran¬ 
tine. 


Tongs, (fire-tongs) not importable for sale. See Andirons. 
Tongues. See Neal's tongues and P ' ovisions. 


♦Tooth Powder . per cent, ad val. 

♦Tornsal or Turnsole..... per cwt. 

♦Tortoise-shell, unmanufactured.... per lb. 


-, imported by East-India Company, 

duty on warehousing. per cent, ad val. 

-, home consumption duty per lb. 

-, manufactures of, imported by East-India 

Company, duty on warehousing per cent, ad val. 
-, home consumption duty do. 


Tortola. [ 1GG] 

♦Touch-stones .. per cent, ad val. 

♦Tow ... per cwt. 

♦ -of Russia, in foreign ships . do. 

♦Toys .. per cent, ad val. 

♦Trays of wood ... .. per doz. 

♦Treacle of Venice . per lb. 

♦Trenchers of wood . per 12 doz. 

♦Trunnels or Treenails .'. per 1000 

♦Truffles . per lb. 

♦Tubs of wood . per cent, ad val. 

♦Tubes for smoking . v .. . do. 

♦Turbith from place of growth ....... per lb. 

♦ -, not from place of growth . do. 

♦—-, imported by the East-India Company, duty on 

warehousing .. per cent, ad val. 

-, home consumption duty. per lb. 


3^fr* See East-India Goods imported. 
Turbots, duty free, as lobsters. See Lobsters. 
Turkey. [167] 

Turkey goat’s-wool. See Goal-hair. 


£. 


0 

0 

0 

0 

0 


35 

0 

0 

2 

0 

2 

50 


0 

O 

40 

0 

0 

0 

0 

0 

35 

35 

0 

0 

2 

0 


s. d. 


0 6 
1 0 
0 6 
0 6 
0 6 


0 0 
6 0 
1 10 

0 0 
1 10 

0 0 
0 0 

0 0 

3 9 

4 0 
0 0 
1 0 
2 0 
1 2 
4 6 

2 9 
0 0 
0 0 
1 4 

3 10 

0 0 
1 4 


Additional/ 
in lieu of 
Convoy 
Duty. 

£. s. d. 


0 0 6 
0 1 0 
0 0 6 
0 0 6 
0 0 6 


Drawback, 
25 0 0 

0 1 2 


25 0 0 
0 2 6 
0 2 6 
30 0 0 
0 0 9 
0 1 0 
0 0 10 
0 2 0 
0 20 
25 0 0 
*25 0 0 
0 0 8 
0 2 0 


IMPORT LAWS. 

[166] By 42 Geo. III. c. 102. continued, his Majesty in’council may, until 14 June, 
1808, permit into and from Road Harbour, Tortola, the importation and exportation of 
all such articles as, by 27 Geo. III. c. 27. 32 Geo. III. c, 43. and 33 Geo. III. c. 50. are 
permitted to and from the port of Nassau, New Providence, subject to like duties and re¬ 
gulations. See Plantations, British. 

[167] Goods, of the growth, product, or manufacture, of the Turkish or Ottoman em¬ 
pire, are generally importable only in British built ships ; or in ships of the built of the 
country of which the goods are the produce ; or of the usual ports of shipping for trans¬ 
portation ; all legally navigated, on forfeiture of ship and goods: 12 Car. II. c. 18: 
27 Geo. III. c. 19. § IQ. But the Turkey Company may, (by 43 Geo. III. c. 153.) from 
the 12 August, 1803, until 6 months after the ratification of a definitive treaty of peace, 
import such goods in foreign vessels of any country in amity , upon payment of the duties, 
&c. payable by vessels of the country of which they are the produce, and under certain 
conditions $ for which se.e the Preface to this work. 

(1st.) M 











































82 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


. IMPORTS. 

♦Turmeric .... per lb. 

♦-, imported by the East-India Company, duty 

on warehousing... per cent, ad vat. 

home consumption duty . per lb. 


{Cjr* See East-India^ Goods imported. 

Turnery, not otherwise enumerated. per cent, ad val. 

♦Turnets, not importable for sale by aliens. See Buckles. 

* Turnsole or Tornsal. per rwt. 

^Turpentine, common ... do. 

♦ -, from American States, in British 

built ships .. per cwl. 

in American ships. do. 


♦ -, of Venice, Scio, or Cyprus. per lb. 

♦ -, of Germany, or of any other place not other¬ 

wise enumerated .. per cvot. 

♦Twine . do. 

U. 

♦Ufers, under 5 inches square, and under 24 feet in.length, 
from Europe, in British built ships. per 120 

* - y i n foreign ships. do 

-5 inches square and under 8 inches,or if 24 feet 

in length or upwards, from Europe, in British 

built ships . per 120 

-, in foreign ships. do. 

* — , of ali sorts under 8 inches square, from American 

States, in British built ships . per 120 

in American ships . do. 


See the note on Wood from America. 

♦ — —, of all sorts, under 8 inches square, of the British 
colonies in America, imported directly thence 

per 120 

♦Umber ... per czct. 

♦Usquebaugh, (s ee Spirits) .... ..pergall. 

Subject also to Excise. 

Utensils of war. See Arms. 


V. 


Duty. 
£. s. 

0 0 


35 0 0 


♦Varnish 


‘ Veal, salted or otherwise. See Callle great , and 
Provisions. 

♦Vellum.. 

Velvets. See Silk, wrought. 


6 

2 

2 

2 

0 

16 

18 


Drawback. 

£. s. d. 
0 0 2 


25 0 0 


0 1 6 


2 15 8 

2 16 8 


7 10 0 
7 12 6 

0 10 0 
1 -0 0 


0 10 0 
0 5 6 

0 3 4 


, per cwt. 

0 0 11 

— 

do. 

0 10 6 

0 6 0 

it. ad val. 

1 

35 0 0 

25 0 0 

per skin 

0 4 0 

-- 

do 

0 0 4 
0 1 3 
0 0 3 

— 


0 0 2 


0 1 2 

0 0 6 

per tun 

37 16 0 

7 17 6 


0 8 6 


1 10 11 
1 10 11 


3 17 0 
3 17 0 


0 3 0 

0 2 6 


IMPORT LAWS. 


[168] Vinegar is importable only in such ships as are described under the article 
Raisins. 



















































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS 


83 


IMPORTS. 

*V inelloes ..... prr lb. 

Violet leaves. See Leaves. 

♦Virginal ware, of brass and copper, or iron.. do. 

Visney. See Spirits. 

Subject also to Excise. 

♦Vitriolum Romanian, from place of growth. prr lb. 


, not from place of growth ... do. 


W. - 

* Wafers .. do. 

Wainscoat-board. See Hoards. 

♦Wainscoat-logs, 8 inches square or upwards, from Eu¬ 
rope, in British built ships . per load 

* ---, in foreign ships. do. 

* - } from 'American States, in British 

built ships ... per load 

* - 1 j n American ships . . do. 

{JCsP See the note on Wood from America. 

of the British colonies in America, 


imported directly thCncfc . par load 

Waste paper. See Paper , xvaste. 

♦Watches of gold, silVfer, or other metal per cent, ad val. 

Water cordial. See Cordial waters. 

*-Spa or Pyrmont, and all mineral or natural wa¬ 

ters per doz. bottles or flasks, each not above 3 pints 

bees-wax, white or manufactured. per czvt. 

-, unmanufactured .. do. 


♦Wax, 

* - 

*- , 

*-> 

♦ W easel - > kins, undressed, (see Skins) —.. per 100 

leavers' wares, not importable for sale bij aliens. 

See Buckles. 


hard wax . per lb. 

myrtle or bay wax . do. 


♦Weld . per cwt. 

West-India Dock Company. [169.] 

West Indies 1170] 

Whale-bone, cut. [171] 

♦Whale-fins, of foreign fishing. per ton 

♦ -, of the fisheries of the American States, im¬ 

ported thence in British built ships . per ton 

♦ -, in American ships . do. 

♦ -, of British fishing, imported in British ship¬ 

ping . per ion 


See the article Oil , train. 


Duty. 
£■ s. d. 
0 10 0 

0 1 6 


0 0 3 

0 0 8 


0 0 8 


1 7 6 

1 8 4 

0 3 4 
0 6 1 


0 3 4 

35 0 0 


0 2 6 
3 15 10 
2 0 0 
0 1 6 
0 0 6 
0 3 0 


0 1 9 


12Q 0 0 

120 0 0 
132 0 0 

1 10 0 


Drawback . 
<£. s. d. 

0 7 6 

0 1 2 


0 0 2 
0 0 4 


0 0 5 


0 14 2 
0 14 2 


25 0 0 


0 1 8 
3 1 4 

1 10 0 
0 10 
0 0 4 
0 0 9 


0 0 9 


90 0 0 

90 0 0 
90 0 0 


IMPORT LAWS. 

[169For (he duties payable to the West-India Dock Company, at Blackball, in the 
port of London ; see the particular Table at the end of these Tables of Custom-duties, See. 

[170] For three years from 26 June 1802, goods, wares, and merchandize of the growth 
or manufacture of the colonies and plantations jn America delivered up, by the late defi¬ 
nitive treaty of peace, to the French and Batavian Republics, may be imported directly 
thence into this kingdom, upon payment of such duties as would be paid were the same 
imported from any of the British West-India Islands, in British ships, and under similar 
regulations; provided, that the importer makes oath, before the collector or comptroller 
©f the Customs at the port of importation, that the goods are really the growth, &c. of 
those colonies or plantations. Otherwise the duties are to be paid as if imported, from a 
foreign West-India Island: 42 Geo. III. c. 95. For other import-regulations of goods 
from the West Indies, see note [2] on America. See also the notes on Sugar, &e. 

[171] Whalebone, cut, may not be imported otherwise than in fius only: 9 and 10 
Will. III. c. 23. § 12, 











































84 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. 


IMPORTS. 

*Wheat, when the price at the place of importation shall 

be under 50s. per quarter . per quar. 

*—.-, at or above 50s. but under 54s. per quar. do. 

* -, at or above 54s. per quar. do. 

* -, when imported from Ireland or British colo¬ 

nies, if under 48s. per quar. -....per quar. 

* -, if 48s. but under 52s. per quar. do. 

* - - ■ —, if at or above 52s. per quar. do. 

• {£§?» See Corn and Provisions. ' 

-- flour or meal, when the price of wheat shall be 

under 50s. per quar.. per cwt. 

* -, when wheat shall be at or above 50s. but un¬ 

der 54s. per quar. *.per cwt. 

* -, when wheat shall be at or above 54s. per quar. 

per cwt. 

*Wheat-flour,' when imported from Ireland or British co¬ 
lonies, when wheat is under 48s. per quarter 


per quar. 

* - -, if 48s. but under 52s. per quar. do. 

* -, if at or above 52s. per quar. do. 

GCf 3 See Corn, Corn ground , and Provisions. 

=Whetstones ....per 100 

^Whipcord . per lb. 

White-boards. See Boards. 

* -lead .. per cwt. 


* - — } imported by the East-India Company, duty 

on warehousing. per cent, ad val. 

-, home consumption duty . per cwt. 

{£3r“ See East-India Goods imported. 

* Whited-brown thread.. per 12 lbs* 

*Wick-yarn . per cwt. 

Wines. [172] 


Duty. 
£. s. d. 

1 4 3 

0 2 6 
0 0 6 

1 4 3 

0 2 6 
0 0 6 


0 6 6 
0 16 
0 1 0 


0 6 6 

0 1 G 

0 0 2 

0 4 6 
0 0 3 

0 6 2 ' 

2 0 0 
0 6 2 

1 2 6 

2 1 4 


Drawback. 

<£. s. d. 


0 3 3 

0 2 11 


0 15 8 

1 8 0 


IMPORT LAWS. 

[172] Wine is importable, as to ships, only in British-built ships; or in British ships 
owned by British subjects; or in ships of the built of the same country as the wine; 
or of some country in Europe belonging to the sovereign of that European country of which 
the vine is the produce; or of the usual ports of shipping for transportation; all legally 
navigated; on forfeiture of ship and goods: 12 Car. II. c. 18; and 27 Geo. III. c. 19. 
And they must be vessels of above 60 tons; in smaller than which no wine is allowed, 
except two gallons per man (wine and spirits togethe'r) for the ship’s use, on forfeiture of 
ship and goods ; 24 Geo. III. c. 47 ; and 26 Geo. III. c. 59. As to the casks : French, 
Spanish, and Portuguese, wine must be in casks not smaller than a hogshead, of 63 gallons, 
unless, for private use and not for merchandize, or unless it be French wine in bottles, from 
France, Guernsey, Jersey, or Alderney, and in packages of 6 doz. such quart bottles: 
18 Geo. III. c. 27 ; 25 Geo. III. c. 69; and 42 Geo. III. c. 44. Other M’ines are not to 
be in flasks, bottles, or casks, containing less than 25 gallons; except M'ine of Tuscany, 
in open flasks; nine of Turkey, or the Levant Seas; and wine for private use, and not 
merchandize : 1 Geo. II. st.- 2. v. 17; and 25 Geo. III. c. 69. As to places whence it may 
be brought: wine, other than Rhenish, is not importable from Germany or the Nether¬ 
lands, on forfeiture of ship and goods; 13 and 14 Car. II. c. 11. But wine of Hungary 
may be imported from Hamburgh ; and any wine of Hungary, the Austrian dominions, 
or any part of Germany, may he imported from the Austrian Netherlands, or from any 
place subject to the Emperor of Germany or house of Austria: 1 Anne, st. 1. c. 12 • and 
22 Geo. HI. c. 78. 

By the 39 and 40 Geo. III. c. 83. French wunes, in bottles or flasks, as well for sale as 
for private use, may be imported from Guernsey, Jersey, or Alderney, in British-built 































CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS 


85 


IMPORTS. 

Wines, French, pay and draw back the following duties, 
exclusive of Excise duties, per tun o/252 gallons 

-—, imp. into Great Britain, in British ships . 

-, in foreign ships . 

-.---, and exp. to British co¬ 
lonies in America, to East-Indies, 

China, or American States . 

-—-to any other place 

• -, French, imp. for prisage into London, in Brit, ships 

per tun of 252 galls. 

- ■ --, in foreign ships 

- - -, and exp. to Bri¬ 
tish colonies in America, to East- 
Indies, China, or American States 

-- --, to any other place 

--- into out-ports, in Br. ships 

--*-, in foreign ships 

• -, and exp. to Bri¬ 

tish colonies in America, to East- 
Indies, China, or American States 

--, to any other place 

-, Madeira, pay and drawback the following 1 duties, 

exclusive of Excise duties per tun of 252 gallons. 

-, imp. into Gr. Britain , in British ships 

---—, in foreign ships 

--, and exp. to Brit. 

colonies in America or Am. States 

• - — -, to any other place 

• -, imp. for prisage into London, in British ships 

-in foreign ships 

■ ---, and exp. to Brit. 

colonies in America, or Am. States 

• ---, to any other place 

■ -, imp. for prisage into out-ports, in British ships 

-, in foreign ships 

-- and exp. to Brit. 

colonies in America, or Am. States 

- —-, to any other place 

-, Rhenish, German, and Hungary, pay and draw¬ 
back the following duties (exclusive of Excise- 

duties) . per tun of 252 gallons 

---, imp. into G. Britain, in British ships. 

--—--, in foreign ships. 

• ---, and exp. to British colonies 

in America, or American States 

--- f to any other place 

-, imp. for prisage into England, in British ships 

• --—-, in foreign ships 

--, and exp. to British 

colonies in America, or Am. States 
---—----, to any other place 


Duty. Drawback. 
<£. s. d. o£. s. d. 


64 1 0 

68 5 0 


- 59 17 0 

- 54 12 0 

56 4 10 - 

58 19 9 - 


57 13 10 
60 8 10 


52 0 10 
48 6 1 


53 9 10 
49 13 7 


43 1 0 

46 4 0 


37 16 11 
40 0 6 


39 18 0 
36 15 0 


- 34 13 11 

- 32 4 1 

38 16 2 _ 

40 19 11 - 


35 13 2 
33 2 5 


64 1 0 

68 5 0 


- 59 6 6 

-54 1 6 

54 15 9 - 

57 10 9 - 


50 1 3 

46 7 6 


IMPORT LAWS. 

ships, owned and navigated according to law,‘upon payment of the duties of Customs and 
Excise specified as above., But, by 27 Geo. III. c. 32. § 9, &c. the flasks, in which wine 
or oil are imported, are duty-free. 

Wines arc exempted from the additional duties imposed in lieu of Convoy Duty by the 
43 Geo. III. c. 70. See Convoy Duty, note [35j. 
































































86 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS 


IMPORTS. 

Wines, Portugal, Spanish, and ail wines not otherwise 
enumerated, pay and drawback the -following 
duties (exclusive of of Excise-duties) 

- per tun 0/252 'gallons 

-, imp. into G. Britain, in British ships. 

-----, in foreign sh ps. 

-----, and erp. to British colo¬ 
nies in America, or Am. States 

— -----, to any other place 

- —Portugal and Spanish, imp. for prisage into Lon¬ 
don, in British ships . ... 

— ----in foreign ships . 

---•, and exp. to British colo¬ 
nies in America, or Am. States 

---to any other place 

--, imported for prisage into out-ports, in British 

ships . 

■ -—r-rs-, in foreign ships 

— - -—-, and exp. to Brit. 

colonies in America, or Am. States 

■ -----, to any other place 

, other mines, not otherwise enumerated, imported 

for prisage into London, in British ships . 

--- } in foreign ships . 

--.---, and exp. to British colo¬ 
nies in America, or Am. States 

---, to any other place 

-—, not otherwise enumerated imp. mto out-ports for 

prisage in British ships .. 

—- ■ ■ ■—-, in foreign ships . 

-, and exp. to British colonies > 

in America, or American States 

.----, to any other place 

Wine-lees, subject to the same duties as wine, but 
no drawback for any lees exported. 

Wire [173] See the different species under the articles 
Brass or copper zcire, Iron wire, Lx t ten wise , Steel 
wire, Virginal wire. Blanch-iron thread. 

Wisp steel. See Steel. 

Wire-mongers’ wares are n( t importable for sale hy aliens 
See Buckles. 

*Woad, green-woad. per czvt. 

* -, Thoulouse wood . do. 

^Wolf-skins, tawed (see Skins) . per piece 

* -, untawed or undressed, (see Skins.) per piece 

*Wolverings, undressed (see Skins) . per skin 


Duty. 
<£. s. d. 


42 0 0 
45 3 0 


3d 15 11 
38 19 6 


37 15 2 

39 18 11 


34 3 10 

35 17 9 


35 12 10 
37 6 10 


0 2 8 
0 5 0 

0 10 6 
0 7 6 

0 4 6 


j Drawback* 

£. s. d. 


39 18 0 
36 15 0 


34 13 II 
32 4 10 


35 13 2 

33 2 5 


32 1 10 

29 18 7 


33 10 10 
31 6 I 


0 1 3 
0 2 10 
0 7 6 

0 5 9 

0 3 2 


IMPORT LAWS. 

[173] Card-wire, or iron -wire for making of wool-cards, may not be imported for sale , 
on forfeiture thereof, or of the value: 13 and 14 Car. II. c. 19. Nor any sorts of iron 
wire smaller than fine-fine and superfine, nor wool-cards, nor any other wares made of 
iron wire, (unless from Ireland, or wrecked,) upon forfeiture thereof. See likewise Gold 
or Silver Thread . - 

































































* * * * * 


CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS. S7 


IMPORTS. 

Wood. [174] 

- from America. [175] 

- for dyers, not otherwise enumerated, ... perCrvt. 
unmanufactured, not otherwise enumerated, ofthe 


British colonies in America. per rent, ad val. 

-of the American States, in British built ships 

per cent, ad val. 

-, in American ships. do. 

-, not particularly enumerated, or otherwise de¬ 
scribed . per cent, ud eat. 

Wood-knives. See Knives. 

Wool. [ 176 ] 


Woollen caps, not importable for sale. See Andirons 
Wool cards. See iFire. 

* Woollen cloths. per yard 

-stuffs. See Sduffs made of or mixed with zcool. 

* --— yarn or bay yarn . per czvt. 

^Worm-seed, from place of growth . per lb. 

* -, not from place of growth. do. 


Duty.. 
£. s. cl. 


Drawback, 
uf. s. d. 


3 12 0 

3 1‘2 0 

5 12 0 


20 0 0 


15 0 0 


1 1 0 


0 18 6 
0 0 8 
0 1 9 


0 13 0 
0 0 4 
0 1 0 


IMPORT LAWS. 

[174] The various sorts of manufactured and unmanufactured wood, 'with their several 
duties and drawbacks, will be found under their respective names in the alphabetical 
arrangement, such as Anchor-stalks, Balks, Battens, Szc. 

Deal-boards and fir-timber may not be imported from the Netherlands ; but fir-timber, 
fir-planks, masts, and deal-boards, the growth of Germany, are importable from any place 
in Germany, by British subjects only, in British-built ships, legally navigated : 13 and I 4 
Car. II. c. 11 ; and 6 Geo. I. c. 15. Masts, timber, or boards, are importable from any 
ether places, in British-built ships; or in British ships owned by British subjects; or in 
ships of the built of the same country as the goods; or of some country in Europe belong¬ 
ing to the sovereign of that European country, of which the goods are the produce; or of 
the usual port of shipping for transportation; all legally navigated, otherwise they and 
the vessel are forfeited ; 12 Car. II. c. 18; and 27 Geo. III. c. 19. 

[175] By 8 Geo. I. c. 12. any sort of wood, plank, or timber, whatsoever, wrought 
or unwrought, or any of the goods called lumber, such as deals of several sorts, timber- 
balks of several sizes, barrel-boards, clap-boards, pipe-boards or pipe-holt, white-boards 
for shoe-makers, boom and cant spars, bow-staves, capravens, clap-holt, ebony wood, 
headings for pipes, and for hogsheads and barrels, hoops for coopers, oars, pipe and hogs¬ 
head staves, barrel-staves, firkin-staves, trunnels, speckled wood, sweet wood, small spars, 
oak, plank, and wainscot, being of the grozvth arid product of any of the British plantations 
in America, except masts, yards, and bowsprits, were allowed to be imported by any person, 
directly thence, in any vessels which may lawfully trade to or from the said plantations or 
colonies, navigated according to law, free of all duties. By 11 Geo. III. c. 41. (passed to 
explain the preceding act,) the liberty to import was extended; lor that act enacted that 
any sort of unmanufactured wood, the grozvth and product of any part of America, except 
masts, yards, and bowsprits, may be imported into Great Britain, by any person, from any 
part of America, in British vessels, navigated according tola w, free of duty, if regularly 
entered and landed, otherwise they are to pay duty. Lignum vitae is expressly included 
within this permission of free import, by 1 Geo. II. st. 2. c. 17. § 5. The duties since 
imposed by 43 Geo. III. c. 68 . upon the importation of wood from America, will be found 
against the names ofthe respective species in the alphabetical arrangement. See, likewise, 
the article American States. 

1176 ] The duties and drawbacks, See. of the different sorts of wool may be found under 
the respective articles of Beaver-wool, Carmenia-wool, Coney-ivool, Cotton-wool, Estridge- 
wool, llures’-wool, Lamb s'*-wool, Polonia-woolj Bed-wool, Sheeps’-zvool, and Spanish-wool. 























88 CUSTOM-DUTIES, DRAWBACKS, AND IMPORT-LAWS, 


IMPORTS. 

*Worm-seed, imported by East-India Company, duty on 

warehousing . per cent, ad val. 

-, home consumption duty . per lb. 

See East-India Goods imported. 

* Worsted yarn, being of two or more threads, twisted or 

thrown ... per lb. 

Y. 

Yards. See Masts. 

♦Yarn. [177] 

* -not otherwise enumerated or otherwise charged 


- per cent, ad'val. 

* Yellow berries, for dyers . per cwl. 

Z. 

*ZafFre . per cent, ad val. 

*Zedoaria, from place of growth . per lb. 

* -, not from place of growth . do. 

-, imported by the East-India Company, duty 

on warehousing. per cent, ad val. 

-, home consumption duty. per lb. 


See East-India Goods imported. 


Duty. Drawback. 

£. s. d. £. s. d. 

2 0 0 - 

0 0 8 - 


0 


0 


0 0 9 


35 0 0 
0 17 3 


25 0 0 


35 0 
0 0 
0 1 


0 

8 

9 


"25 0 0 
0 0 4 
0 1 0 


2 0 0 

0 0 ,8 


IMPORT LAWS. 

[177] The duties and drawbacks, &c. of the different ^orts of yarn may be found under 
the respective articles of Cable-yam, Cotton-yarn, Grogram-yabi, Mohair or Camel yarn. 
Raw linen yarn, Wick-yarn, Woollen or Bay yarn, and Worsted-yarn. 



















A TABLE OF THE CUSTOM DUTIES 

PAYABLE ON 

EXPORTS from Great-Britain ; enumerating the Articles whose 
Export is prohibited. 


For the Duties payable generally on the exportation of goods, the produce or 
manufacture of Great Britain, in addition to the duty expressed against each 
article respectively; see the concluding articles of this Table. For the addi¬ 
tional duties, imposed as Convoy-Duty on Exports, see the word Convoy- 
Duty in this Table. 


EXPORTS. 

AGARICK, trimmed or pared, foreign . 

.-rough on untrimmed, foreign 

Alum, British . 

Ammoriiaeum sal. See Sal Ammoniacus. 
Ammunition. See A rms. 

Anchors. See Naval stores. 

Annotto, foreign . 

Antimonium crudum, foreign . 

Aqua fortis, foreign. 

Argol, foreign ... 

Arms. [178] 

Arsenic, foreign. 

Badger-skins. See Skins. 

Bar-iron. See Naval stores. 

Bayberries, foreign . 

Beaver-skins. See Skins. 

-wool ... 

Bell-metal. See Metal. 

Biscuit or bread. See Corn. 

Bowsprits. See Naval stores. 

Bo^es for clocks or watches. See Clocks. 
Brass. See Metal. 

Brazil or Fernambucca wood, foreign. 

Brazilletto or Jamaica wood, foreign . 

Bugle. See note [16] in page 13. 

Bullion. [179] 


Duty. 

£. s. d. 


. per lb. 
do. 

per cwt. 


0 0 4 
0 0 1 
0 1 4 


. per lb. 
per cwt. 
per gal. 
. per lb. 


0 0 1 
0 0 4 
0 0 5 
0 0 9 


per cwt. 


0 4 8 


do. 0 0 2 

per lb. 0 2 6 


per cwt. 
do. 


0 1 2 
0 0 9 


EXPORT LAWS. 

[178] Arms or ammunition, when prohibited by proclamation, are not exportable, on 
forfeiture, and 100/. for every 25 arms, and 100/. for every 2 cwt. of such ammunition; 
by 29 Geo. II. c. 16. Arms and ammunition (by Order of Council of 25 May, 1803) 
are prohibited for six months, from 6 June, 1803, to be exported without leave of the 
Privy-Council. 

[179] Molten silver or bullion, in any shape, is not exportable, unless the silver be 
stamped at Goldsmiths’ Hall, and unless a certificate of all bullion be produced from the 
court of aldermen, that oath hath been made before them that it is foreign, and not molten 

(1st) N 
























90 


CUSTOM-DUTIES AND EXPORT-LAWS. 


EXPORTS. 


Cables. See Naval stores. • 

Calves’ skins. See Skins. 

Cards, viz. wool-cards, new, British . per doz. 

---, old, British . do. 


Cases for clocks and watches. See Clocks. 

Clocks. [ISO] 

Coals, usually sold by measure, viz. 

-, exported to the Isle of Man, ... per chal. Winchester measure 

-to any British colony in America do. 

. .. .to American States in British built ships ... 

per chul. Newcastle measure 

- --, in foreign ships . do. 

— ---to any other place, in Brit. b. ships . do. 

-, in foreign ships. do. 

-from Newcastle and Swansea [181 ] to Jersey, Guern¬ 
sey aiid Alderney ... per chald. 

- -■, usually sold by weight, viz. 

■—-exp. to the Isle of Man, . per ton of 20 cwt. 

--to any British colony in Ainer. per ton 

- -.-to Am. States in British bit. ships . do. 

-— in foreign ships. do. 

— -to any other place in Br. bit. ships. do. 

-in foreign ships. do. 

Cochineal, foreign ... per lb. 

Coin. [182] 

Convoy-Duty. [183] See also Tonnage-Duty. 

-All good, wares and merchandize not being of 

the growth, produce, or manufacture of Great Bri- 
• tain, upon exportation to any place, in addition to 

^11 other duties, pay during the war, &c. [184] 

per cent, on the amount of those duties 


Duty. 

£. s. d. 


0 0 8 
0 0 5 


0 1 4 

0 2 6 

0 17 0 

1 10 3 

1 2 0 
1 15 2 

0 12 0 

0 0 10 
0 1 8 
0 5 9 

0 10 0 
0 7 9 

0 12 0 
0 0 4 


12 10 0 


- EXPORT LAWS. , 

from coin of this realm or clippings thereof, nor from plate wrought in this kingdom. If 
molten silver, a certificate must likewise be produced from the wardens of the Goldsmiths* 
Company of oath having been made before them, that no part thereof (before it was 
molten) was current coin, clippings thereof, or plate wrought in this kingdom; band 7 
Will. III. c. 17. § 5, 6; 7 and 8 Will. III. c. 19. § 6. When legally exported, it is free 
of all duties. By the 43 Geo. III. c. 49. the Lords of the Treasury are, however, em¬ 
powered to grant licences for the exportation of bullion without the usual certificate, shew¬ 
ing that no part of the same was, before molten, the coin of this realm. 

[180] No outward or inward box, case, or dial-plate, of gold, silver, brass, or other 
metal, for clock, or watch, without the movement in and with every such box, case, 
or dial-plate, made up fit for use, and with the clock or watch maker’s name engraven 
thereon, may be exported, on forfeiture thereof and of 20/. \ 9 and 10 Will. III. c. 28. 
§ % 

[l»0 A I imited quantity of coals is yearly exportable to these islands from Newcastle 
and Swansea, upon payment of this duty: viz. 

150 chalder. 

150-— 

10- 


From Newcastle to Jersey, 350 chalder. 

■-Guernsey', 1000- 

--— Alderney, 110—-- 


From Swansea to Jersey', - - 

-Guernsey, 

Alderney, 


The exporter to be appointed by the governor of those islands respectively, and is to give 
bond lor their due importation into those islands \ 6 Geo. III. c. 40. confirmed by 
27 Geo. III. c. 13. 

[182] Coin of gold or silver, of this realm, is, by many ancient acts of parliament, 
from the reign of Edward III. to that of Henry VII. prohibited to be exported, upon 
forfeiture thereof. But foreign coin of gold or silver may (by 15 Car. II. c. 7. § 12.) be 
exported by any persons, upon due entry'. 

[153] See the note [35] on the word Convoy Duty, p. 19. 

[154] Those exceptions are, bullion; cotton-yarn, or other cotton manufacture* of Great 













































CUSTOM-DUTIES AND EXPORT-LAWS. 


91 


EXPORTS. 


Duty. 
<£. s. d. 


Convoy-Duty. Goods, wares and merchandize, of the growth, 
produce, or manufacture of Great Britain, (except as 
undermentioned [184] exported to any part of Eu¬ 
rope, -or any place within the straits of Gibraltar, ad¬ 
ditional ... percent, ad vah 

——-to any place not in Europe, or within the Straits 

of Gibraltar, or within the limits of the charters of 
the East-lndia Company, additional, per cent, ad val. 

- - --to any place within the limits of the charters of 

the East-lndia Company additional, per cent, ad val. 


Copper. See Metal. 

Copperas, British ..... per cent, ad val. 

Cordage. See Naval stores. N 

Corn. [185] 

Cream of tartar, foreign. .... per cwt. 

Culm, exported to the Isle of Man. per chalder Winchester measure 

---to British colonies iu America do. 


1 0 

3 0 

4 0 
6 0 

0 1 
0 0 
0 1 




o 

o 

o 

o 

4 

6 

0 


EXPORT LAWS. 

Britain; sugar refined complete and whole, or lump duly refined, refined sugar called 
bastard, ground or powdered sugar, refined loaf sugar broke in pieces, sugar called candy, 
and melasses; craft, food or'victuals, clothing, implements and materials necessary for 
carrying on the fisheries of Newfoundland or of the British colonies in North America ; 
goods, &c. exported to the Isle of Man, under licence from the Commissioners of Cus¬ 
toms ; and, military stores exported by the East-lndia Company. 

[185] The exportation of corn, British or foreign, is (by 31 Geo. III. c. 30.) regulated 
by the prices at the place pf exportation ; viz. when wisent is at or above 46s. per quarter; 
then wheat and meal, flour, malt, bread or biscuit, made thereof, are not exportable.— 
When rye, peas , and beans, are at or above 30s‘. per quarter; then rye, peas, beans, and 
meal, flour, bread or biscuit, made thereof, are not exportable.—When barley, beer, or 
bigg, are at or above 23s. per quarter; then barJev, beer, bigg, and meal, flour, malt, 
bread or biscuit, made thereof, are not exportable.—When oats are at or above 1 5^. per 
quarter; then oats and malt, bread or biscuit, made thereof, are not exportable.—When 
oatmeal is at or above 14^. per boll; then it is not exportable. Penalty of 20s. for every 
bushel of such corn, and 12d. for every pound of such biscuit or bread, exported contrary 
to these regulations, are incnlrred by ttye exporter, besides the forfeiture of ship and fur¬ 
niture. 

But, whatever may be the prices of corn, the following exportations may take place at 
any time, viz. corn, or any of the above articles, necessary for the ship’s use on the voyage 
out and home, both for the mariners, passengers, and sustenance of the live stock; or for 
the king’s ships; or for the victualling of British garrisons ; beans for British castles, fac¬ 
tories, &c. in Africa; or for the use of British ships trading upon that coast. In addition 
to these exemptions, the following quantities of corn, &c. may be exported, in one year, 
to the following places, notwithstanding their prices may be higher than those above-men¬ 
tioned ; viz. 

To Gibraltar ; from London, wheat, wheat meal or flour, rye, barley, malt, or peas, 
not exceeding in all 2500 quarters. 

To Guernsey, Jersey, and Alderney; from Southampton, wheat, wheat meal or 
flour, rye, barley, malt, bread, b.scuit, or peas, not exceeding, in all, 9800 quarters. 

This quantity of 9,800 quarters may, however, by 43 Geo. III. c. 105. for two years 
from the 27 July 1805, be exported from any other ports of England, by certificate from 
the Comptroller of Southampton. 

To the Isle of Man; frqm Kircudbright , wheat, wheat meal or flour, barley or oats, 
not above 500 quarters ; from Liverpool , not above 1000 quarters ; and from White • 
haven, not above 1000 quarters. v 

To St. Helena, Bencoolen, and East-India settlements; from Great Britain , 
by the East-lndia Company, wheat, wheat meal, flour, ry«, barley, or malt, in all, 
not above 1500 quarters. 

To British forts, See. in Africa; by the African Company, of wheat flour, not 
above 33 tons, and, of biscuit, not above 15 tons. 













92 


CUSTOM-DUTIES AND EXPORT-LAWS, 


Duty. 


EXPORTS. 


£. s. d. 


Culm, exported to American States in British built ships 

per chuld. Newcastle measure 

•-in foreign ships do. 

- ■ ■ --to any other place, in Br. blt..ships do. 

- -in foreign ships do. 


0 4 6 
0 8 0 
0 6 0 
0 10 0 


Dial-plates See Clocks. 


EXPORT LAWS. 

To British West-India sugar-colonies, including Bahama and Bermuda Islands; 
from such ports and in such portions to each island as are'directed by the Lords of 
trade; of barley, 5000 quarters ; beans, 20000 quarters ; oats, 25000 quarters ; oat¬ 
meal, 600 tons ; peas, 4000 quarters ; rye, 500 quarters ; wheat, 1000 quarters ; 
wheat-flour, 3220 tons; biscuit, 950 tons; grotts, 25 tons. The Lords of trade, 
avere however (by 34 Geo. III. c. 71.) allowed to authorize, during the late war and 
for six months after, double these quantities of exported corn. See. to the British 
West Indies, to be exported thither, and to such French West-India islands as were in 
the possession of Great Britain. 

To the Bay of Honduras, or Yucatan; from such ports as directed by the Lords 
of trade, flour*, not above 250 tons ; biscuit, 50 tons ; peas, 20 tons ; oatmeal, 20 tons ; 
barley, 115 quarters. 

To Hudson’s Bay, for the Company; from London , wheat meal or flour, not above 
500 tons; oats, oatmeal, grotts, barley, peas, beans, malt, and biscuit, not above 
1000 quarters. 

To Sierra Leone, for the Company; from London , wheat-flour and oatmeal, not 
above 21 ions ; barley and peas, not above 25 quarters. 

To Newfoundland ; from London, peas, 500 quarters; biscuit, 500 tons ; flour, 64 
tons :— from Bristol, peas, 450 quarters ; biscuit, 500 tons ; flour, 48 tons :— from 
Poole , peas, 1300 quarters ; biscuit, 1400 ions ; flour, 400 tons :— from Dartmouth, 
peas, 850 quarters, biscuit, 850 tons ; flour, 240 tons :— from Topsham and Teign- 
mouth, in the whole from both places, peas, 1200 quarters ; biscuit, 900 tons ; flour, 
240 tons :— from Liverpool, peas, 280 quarters; biscuit, 300 tons; flour, 48 tons: 
—-from Weymouth, peas, 240 quarters : biscuit, 120 tons ; flour, 32 tons :— from. Ply¬ 
mouth, peas, 200 quarters ; biscuit, 200 tons ; flour, 40 tons :— from Chester, peas, 
240 quarters; biscuit, 200 tons; flour, 48 tons :— from Port-Glasgow and Greenock, 
in the whole from both places, peas, 100 quarters; biscuit, 150 tons :— from Barn¬ 
staple, peas, 150 quarters; biscuit, 150 tons, flour, 64 tons :— from Southampton, 
peas or flour, 300 quarters; biscuit, 150 tons: —from Cowes , peas or flour, 300 quar¬ 
ters; biscuit, 120 tons. 

To Nova Scotia; from London , peas, 600 qua)-ters; biscuit, 400 tons; flour, 48 
tons :—from Bristol, peas, 400 quarters ; biscuit, 350 tons ; flour, 32 tons: —from Poole, 
peas, 200 quarters; biscuit, 200 tons ; flour, 32 tons: —from Dartmouth, peas, 300 
quarters; biscuit, 300 tons ; flour, 48 tons :—from Topsham and Teignmouth, in the 
whole from both places, peas, 400 quarters ; biscuit, 400 ions ; flour, 48 tons: —from 
Plymouth, peas, 300 quarters ; biscuit, 300 tons ; flour, 40 tons. 

To Bay Chaleur; from London, peas, 500 quarters; biscuit, 400 tons; flour, 80 tons: 
—from Bristol, peas, 400 quarters ; biscuit, 300 tons; flour, 32 tons :—from Poole, 
peas, 200 quarters; biscuit, 200 fww; flour, 48 tons :—from Dartmouth, peas, 300 
quarters; biscuit, 300 tons; flour, 48 tons :—from Topsham and Teignmouth, in all 
from both places, peas, 400 quarters ; biscuit, 400 tons ; flour, 48 tons :—from Ply¬ 
mouth, peas, 300 quarters ; biscuit, 300 tons ; flour, 30 tons. 

To Labrador; from London, peas, 500 quarters; biscuit, 400 tons; flour, 32 tons 
from Bristol, peas, 400 quarters ; biscuit, 300 tons ; flour, 32 tons :—from Poole, peas, 
200 quarters ; biscuit, 200 tons ; flour, 32 tons :—from Dartmouth, peas, 300 quarters ; 
biscuit, 300 tons ; flour, 56 tons :—from Topsham and Teignmouth, in all from both 
places, peas,.400 quarters; biscuit, 400 to?is ; flour, 48 tons :—from Plymouth, peas, 
200 quarters ; biscuit, 300 tons; flour, 30 tons. 

To Portugal or elsewhere; from Kirkwall, under such restrictions as directed by 
the Lords of trade, beer or bigg, the growth of the Orkney-Isles, 5000 quarters. 

In cases of exigency, his Majesty in council may allow to be exported farther quantities 
than those above stated, not exceeding in one year 6000 quarters of each sort of unground 
corn, and 3000 tons of each sort of ground corn or biscuit. 

N. B. 561b. avoirdupois of wheat-meal, and 45 lb. avoirdupois of M r heat-flour, are 
respectively, equal to one bushel of unground wheat; and 221b. avoirdupois of oatmeal 
equal to one bushel of oats. 









CUSTOM-DUTIES AND EXPORT-LAWS 


93 


EXPORTS. 

East-India goods. [186] 

■-wrought silks. [187] 

Flour. See Corn. 

Frames or engines for making stockings, &c. [188] 

Fullers’ earth. See Wool. 

Fustick, foreign ... per cwt. 

Galls, foreign . do. 

Glue, British ..... do. 

Gum Arabic, foreign [189]...*. do. 

-Senega, foreign [189]....... do. 

Gunpowder. [190] 

flair, viz. harts’ hair .... do. 

-horse-hair ... do. 

— - — ox or cow hair . do. 

-not particularly enumerated, and not prohibited to be ex¬ 
ported .. per cent, ad val. 

Hemp. See Naval stores. 

Hides. [191] 

Horns, British. [192] 

Horses, mares or geldings . each 

Isinglass, foreign.-. per cwt. 

Lambs, alive, see Wool. For lamb-skins, see Skins. 

Lapis calaminaris ... per cent, ad val. 

Fatten. See Metal: 

Lawns. See Cambrics. \ 

Lead, cast or uncast..... per fodder or ton of 30 cwt. 

-ore . per cent, ad val. 

Leather of all sorts, tanned, tawed, or dressed . .. per cwt. 


Duty. - 
<£. s. d.. 


0 0 0 
0 1 4 

0 1 0 
1 16 S 
0 6 5 

0 2 0 
0 7 4 
0 2 6 

6 0 0 


0 6 0 
0 1 0 

6 0 0 


3 10 0 
6 0 0 

0 14 


EXPORT LAWS. 

[186] Goods, wares, and merchandize, having been imported by the East-India Com¬ 
pany, and warehoused, may, excepting indigo, be exported directly from such warehouses 
without payment of duty. See note [50] on East-India Goods imported. 

[187] East-India wrought silks, Bengals, and stuffs mixed with silk or lierba, of the 
manufacture of Persia, China, or East India, and calicoes, printed, painted, stained, or 
dyed, there, are not exportable to the Isle of Man; 5 Geo. III. c. 39. See farther, as to 
their export, note [50] in page 26. 

[188] Frames or engines for the making and knitting of w-orsted or silk stockings, gloves, 
waistcoats, &c. are not exportable, upon forfeiture thereof and of 40/.; 7 and 8 Will. III. 
c. 20. $ 8. 

[189] These gums may, by 6 Geo. III. c. 46. be exported from Great Britain to Ire¬ 
land, by natives of either kingdom, being British subjects, by licence from the Lords of the 
Treasury, so that the quantity of both gums exported in one year do not exceed 30 tons 
weight avoirdupois. 

[190] Gunpowder is not exportable when the price exceeds 51. per barrel, by 12 Car. II. 
c. 4. § 11. Nor is gunpowder or salt-petre exportable, v’hen their export is prohibited by 
proclamation, (by 29 Geo. II. c. 16.) on forfeiture thereof, and of 100/. for every cwt. 
Gunpowder and salt-petre (by Order of Council j are prohibited to be exported without 
leave of the Privy-Council. 

[191] Hides of ox, steer, cow', bull, or calf, (except calves’ skins dressed without the 
hair, and except also for ships’ use, not exceeding six raw r hides and three tanned hides,) 
may not be exported, upon penalty of 500/. and disability to deal in leather for the future; 
13 and 14 Car. II. c. 7". And, if any such hides are exported from any island belonging 
to Great Britain (except Ireland) to any other place than to Great Britain, a penalty of 
double their value is incurred; § 3. 

[192] Horns, British, unwrought, may not be transported or sold to strangers, upon for¬ 
feiture of double their value ; 4 Edw. IV. c. 8 j 1 Ja. I, c. 24; and 7 Ja. I. c. 14. 

























94- 


CUSTOM-DUTIES AND EXPORT-LAWS 




EXPORTS. 


Duty. 

£. s. d. 


Lignum vitas. [193] 

Litharge of lead...... do. 

Litmus, foreign ..... ( 'o. 

Logwood, foreign [194]........ per ciot. 

London port-duty. See this duty in pages 43 and *±4, and see also 
note [81 j in page 43. 

Madder, foreign .. perciot. 

-root, foreign . do. 

Malt. See Corn. 

Man, Isle of. See note [84] in page 45. 

Masts. See Naval stores. 

Meal. See Corn. 


0 0 4 
0 0 8 
0 1 4 


0 0 11 
0 . 4 8 


Metal. [195] 

Mortlings. See Wool. 
Mundick metal. See Metal. 


Naval stores. [19o] 

Nicaragua wood, foreign..... per 20 cvt. 

Oakum. See Naval stores. 

Oars. See Naval stores. 

Oker. See Naval stores. 

Orchal, foreign . per ervt. 

Orchelia, foreign . do. 

Pan-metal. See Metal. 

Pearl or pot-ashes [197] 


0 5 0 

0 1 4 
0 0 8 


EXPORT LAWS. 

[193] By order of Privy-Council, lignum vitae is occasionally prohibited to be ex¬ 
ported to foreign parts; except to Ireland, Guernsey, Jersey, Alderney, Sark, or 
Man; or to British colonies in America or the West Indies, Newfoundland, the British 
forts and settlements in Africa, the island of St. Helena, and the British settlements in 
the East Indies ; and also except what may be necessary for the ship’s use. 

[194] By 7 Geo. III. c. 47. logwood may be exported ip British-built ships, legally 
navigated, free of duty, if regularly entered and shipped ; otherwise it is liable to this duty. 

[195] Brass, copper, latten, bell-metal, pan-metal, gun-metal, shrufF-metal, clean or 
mixed, (except tin and lead, and also except copper and inundick metal made of British 
ore, and foreign copper in bars,) may not be exported on forfeiture of double the value, 
and 10/. for every thousand weight; 2 and 3 Edw. VI. c. 57; 5 and 6 Will, and Mary, 
c. 17. But, by 41 Geo. III. c. 6S, &c. copper may, after signing of the definitive treaty 
of peace, be exported by any persons from Great Britain and Ireland, without any restric¬ 
tion, excepting bv Order of Council. All copper, capable of being converted into a na¬ 
val store, may, however, by 43 Geo. III. c. 153. be prohibited to be exported, by order 
of Privy Council, See. until 6 months after the ratification of a definitive treaty of peace. 

[196] By Order of Council, dated June22, 1803, pig-iron, bar-iron, hemp, pitch, tar, 

rosin, turpentine, anchors, cables, cordage, masts, yards, bowsprits, oars, oakum, oker, 
sheet-copper, or other naval stores, are prohibited to be exported (for six months, from 
July 11, 1803) without leave of the Privy-Council, under the penalties of forfeiture, 
besides treble the value thereof, and the ship, as enacted by 33 Geo. III. c. 2. Except 
in king’s ships, or such as may be necessary for the use of other ships; and except to Ire¬ 
land, the king’s yards or garrisons, British colonies in America or the West Indies, New¬ 
foundland, British settlements in Africa, the island of St. Helena, or British settlements 
in the East Indies. ' 

[197] By 34 Geo. III. c. 34. his Majesty may, by Proclamation or Order in Council, 
prohibit the export or carrying coastwise of pot or pearl-ashes, or any other articles useful 
in the manufacturing of naval or military stores. And all articles exported, contrary 
thereto, are forfeited with treble the value, and the ship. In pursuance of which power, 
by Orders of Council, pot or pearl-ashes have been occasionally prohibited from being 
exported to foreign parts, except to Ireland, Guernsey, Jersey, Alderney, Sark, or Man, 
or to British plantations in America or the West Indies, Newfoundland, British settlements 
in Africa, the island of St. Helena, or the British settlements in the East Indies. 















CUSTOM-DUTIES AND EXPORT-LAWS 


9 S 


EXPORTS. 

Pig-iron. See Naval stores. 

Pitch. See Naval stores 

Pomegranate peels, foreign. per cwt. 

Provisions. [198] 

Rams, alive. See Wool . 

Red or Guinea wood, foreign . do. . 

Rock-salt. [199] 

Rosin. See Naval stores. 

Safflower, foreign ... per lb. 

Sal ammoniacus, foreign . per cwt. 

— gem, foreign. do. 

Salt-petre. See Gunpowder. 

Sapan-vvood, foreign. do. 

Saunders red, foreign . do. 

Sheep, alive, see Wool. For sheep-skins, see Skins. 

Shortlings. See Wool. 

ShrufT-metal. See Metal. 

Shumac, foreign ......... do. 

Silver, molten. See Bzillion. 

Skins, viz. 

-, badger-skins . per piece 

-, beaver-skins . per skin or piece 

. — , beavers* wool. per lb. 

-, calves’ skins tanned, tawed or dressed (See Hides,) per cwt. 

- . , cat-skins . . . per 100 

— , coney-skins, dressed or tawed . per 120 

.-, British, undressed or untawed. [200] 

- - , dog-skins . per doz. 

• -, fox-ski ns . per piece 

• -, hare-skins. See Coney-skins. 

-, kid-skins, in the hair . per 100 

- 5 dressed ..... do. 

-, otter-skins, raw .. per piece 

-, tawed. do. 

———, Sheep and lamb-skins, dressed without the wool per 120 

--,-■-, tanned . per cwt. 

-, squirrel-skins . per 1000 

-, swan-skins .*. per piece 

■ . f or pieces of skins, not particularly enumerated, nor prohibited 


to be exported . per cent, ad val. 


Duty. 

£. s. d. 


0 0 6 


0 0 11 


0 0 1 
0 4 8 

0 4 8 

0 0 5 
0 0 10 


0 0 6 


0 0 1 
0 0 9 
0 2 6 
0 1 4 

0 1 8 
0 1 4 

0 0 2 
0 0 1 

0 0 8 
0 0 10 
0 0 1 
0 0 2 
0 3 0 

0 1 4 

0 3 0 
0 0 2 

6 0 0 


EXPORT LAWS. 

[198] By 41 Geo. III. c. 2. his Majesty may, by Order in Council, prohibit, from time 
to time, the exportation of any article used as food for man. If, contrary thereto, any 
provision be laid on board for exportation, the offender shall forfeit treble the value, and 
the vessel may be seized. But this is not to extend to the carrying out of provisions for the 
ship’s use, nor to the carrying coastwise, &c.—In pursuance of this power thus vested in 
theKingin Council, it was ordered, by Proclamation of the 22d of June, 1803, that, until 
the 30th day of September. 1803, thd following articles of provision shall not be exported ; 
viz. bulls, cows, oxen, calves, sheep, lambs, swine, beef, pork, mutton, veal, Jamb, 
whether salted or otherwise, bacon or butter, excepting so much as shall be necessary for 
the sustenance of the masteV and mariners, or for victualling his Majesty’s ships, &c. and 
excepting to the islands of Guernsey, Jersey, Alderney, Sark, and Man, or to the British 
colonies, &c. The same proclamation permits the importation into Great Britain of pulse, 
cattle, and all the other articles of provision mentioned inr.ote[110J on Provisions , page 
61, free of duty, for the same period, upon due entry. 

[199] By 36 Geo. III. c. 54. his Majesty may, by Proclamation or Order in Council, 
prohibit the export or carrying coastwise any sort of rock-salt. If exported contrary thereto, 
it is forfeited, with treble its value, and the ship. 

[200] British hare-skins, or pieces thereof j British hare-wool; British coney-wool; un¬ 
dressed or uatawed British coney-skins, or pieces thereof j are not exportable. 








































96 


CUSTOM-DUTIES AND EXPORT-LAWS. 


EXPORTS. 

Stick-lac, foregin... per czvt. 

Stockins-frames. See Frames. 

Tallow. [201] 

Tar. See Naval stores. 

Thrums. See Wool. 

Tin, unwrought [202] . per crvt. 

Tobacco of Spain or Portugal, when delivered out for exportation from 
the warehouse in which, on importation, it shall have been 
secured... per lb* 

Tobacco-pipe clay. See Wool. 

Tonnage-Duty payable for every vessel entering outwards or in¬ 
wards. See the note on this particular in'page 80. 


Tools." [203] 

Turnsole, foreign....... ..per lb. 

Turpentine. See Naval stores. 

Valonia, foreign....... per crvt. 

Verdegris, foreign .....'......... per lb. 

Watches. See Clocks. 

Wool. [204] 


Duty. 

£. s. d» 
0 4 8 


0 3 8 


0 0 1 


0 4 8 

0 4 4 
0 0 1 


EXPORT LAWS. 

[201] Tallow, shipped with intent to be transported* is forfeited with treble its value; 
a year’s imprisonment of master and mariners, and loss of their goods, if they are privy 
to it; and loss of the ship, if with the owner’s knowledge: 18 Eliz. c. 9. 

[202] By 30 Geo. III. c. 4. tin, unwrought, exported to beyond the Cape of Good 
Hope, is exportable free of duty, upon security given to land it beyond the said Cape. 

[203] Tools or utensils, machines, engines, press, paper, implements, or any model 
or plan thereof, used in the cotton, linen, silk, or woollen manufactures, may not be 
shipped, unless to be directly landed again in Great Britain or Ireland, on penalty of for¬ 
feiture, 200/. and one year’s imprisonment: 23 Geo. II. c. 13; 14 Geo. III. c. 7; and 
21 Geo. III. c. 37. But not to extend to wool-cards not exceeding in value 4 s. per pair, 
and spinners’ cards not above D. 6d. per pair, exported to any British colony in America, 
by 15 Geo.*III. c. 5. 

Neither may the following tools and utensils, made use of in the iron and steel manufac¬ 
tories, be exported, under similar penalties, viz. hand-stamps, dog-head stamps, pulley- 
stamps, stamps of all sorts, hammers and anvils for stamps, screws for stamps, iron rods 
for stamps, presses of all sorts, in iron, steel, or other metal, which are used for giving 
impressions to metal, or any parts of these articles ; presses of all sorts, called cutting-out 
presses, beds and punches to be used therewith ; piercing-presses of all sorts, beds and 
punches to be used therewith, either in parts or fitted together ; iron or steel dies, to be 
used in stamps or presses, ether with or without impressions; rollers of cast iron, wrought 
iron, or steel, for rolling of metal, and frames for the same; flasks or casting moulds, 
and boards used therewith ; lathes of all sorts, for turning, burnishing, polishing, either 
the whole together, or in separate parts; lathe-strings, polishing-brushes, scoring or 
shading engines, presses for horn buttons, dies for horn buttons, sheers for cutting of 
metal, rolled steel, rolled metal with silver plate thereon, parts of buttons not fitted up 
into buttons, or in an unfinished state, engines for chasing, stocks for casting buckles, 
buttons, and rings, cast-iron anvils, and hammers for forging-mills for iron and cop¬ 
per ; rolls, slitters, beds, pillars, and frames, for slitting-mills ; die-sinking tools of all 
sorts; engines for making button-shanks; laps of all sorts; drilling-engines; tools for 
pinching of glass; engines for covering whips, polishing brushes ; bars of metal covered 
with gold or silver ; iron or steel screw-plates, pins and stocks lor making screws, or any 
other tools whatsoever that may be used in the iron or steel manufactures of Great Bri¬ 
tain, or any models thereof; 25 Geo. III. c. 67. 

[204] Tfye 28 Geo. III. c. 38, reduced into one act all the law’s relative to the export 
of w ool, liye sheep, See. By it, rams, sheep, or lambs, alive, of Great Britain, Jersey, 
Guernsey, Alderney, Sark, or Man, are not exportable thence, on forfeiture thereof, 
and of the ship, and also 3/. per sheep, &c. and the offender to suffer three months soli¬ 
tary imprisonment. For a second offence, 5k per sheep, &c. and six months impri¬ 
sonment. But wether sheep, for ship’s use only, put on board by licence of the Port officer 
of the Customs, are allowed. By § 9. wool of the growth of the said isles, woolfebi, 











CUSTOM-DUTIES AND EXPORT-LAWS. *93 


EXPORTS. 

Wool, beavers’. See Beaver-wool. 

-chrds. See.Card*. 

-hair-wool or coney-wool, British. See Coney-skins. 

Woollen-yarn. See Wool. 

Worsted. See Wool. 

Yards. See Naval stores. % 

In addition to the duties as herein before charged, all goods, 
wares, and merchandize, the product or manufacture of Great 
Britain, (except as hereafter mentioned) exported to any 
part of Europe, or to any place within the Straits of Gibraltar, 

pa}>-.. per cent, ad val. 

The exceptions are, bullion ; goods, &c. exported to the isle of 
Man, under licence of the Commissioners of Customs; cotton- 
yarn, or other cotton manufactures, of Great Britain; re¬ 
fined sugar in loaf, complete and whole, or lump duly refined; 
refined sugar called Bastard ; ground or powdered sugar; re¬ 
fined sugar broke in pieces; sugar called candy; and melasses. 
And all goods, wares, and merchandize, the growth or manufac¬ 
ture of Great Britain, (except as hereafter mentioned) exported 
to any place, not being in Europe, or within the Straits of Gibral¬ 
tar, or within the limits of the charters of the East-India 

Company, pay additional . per cent, ad val. 

The exceptions are, bullion ; cotton-yarn, or other cotton ma¬ 
nufactures ©f Great Britain; craft, food, victuals, clothing, or 
materials, to be used in the British fisheries of Newfoundland 
or North America; and the different sorts of sugar abovemen- 
tioned. 


See also the word Conv©y-Duty. 


Duty. 
£. s. d. 


0 If 0 


1 0 0 


EXPORT LAWS. 

fnortlings, shortliugs, yarn, or worsted made of wool, wool-flocks, crewels, coverlids, 
waddings, or other manufactures of wool, slightly made up, so as the same may be made 
use of again as wool, or mattresses or beds stuffed with combed wool, or woo! fit for comb¬ 
ing or carding, or any fullers’ earth, fulling-clay, or tobacco-pipe clay, are not export¬ 
able thence, on penalty of 3s. per lb. of such articles, or the sum of 50/. in the whole, and 
solitary imprisonment for three months. For a second offence, the same pecuniary pe¬ 
nalties, and six months, imprisonment. But tobacco-pipe clay may (by 17 Geo. III. c. 
43, continued by subsequent acts till 24 June, 1808, be exported to any British sugar-co¬ 
lonies in the West Indies. And also by 28 Geo. III. c. 38. § 16, there may be yearly 
exported from Southampton to Jersey, of wool uncombed, 4000 tods; to Guernsey, 200.0 
tods; to Alderney, 400 tods; ami to Sark, 200 tods ; each tod not exceeding 32 lbs, 
weight. By § 19, no wool, &c. may be put on board any vessel, &c. whereof either any 
alien, or any natural-born subject not residentjn Great Britain, shall be owner or part- 
owner. Lamb-skins, ready dressed and prepared, fit and useful for furs or liftings, are 
exempted from the prohibitions of this act. 

1 if ' ;■ r; f iv tf ; sc! V'F.ffl '» •. iH» 7 13 tf vu)ij '>'17''. *> 't T 

«tf) •: ! If .■ CT,* 




ttl beferve rr 
•t ¥<? bjHC 1 






> toq oili t.i bu 
ill o .in ^ 

':!tO tO 3 r jtl 

/' y -i > of • 


(1st.) Q 


* ' - 3 , 1.1 1 MFV 

’!:• OfU of inhbe nl 

■ i j- 'y-.oqiiy.- .h id: byvr 
i 4'lf ‘s 

001 Imox# few i'r. rL. r.oi'uh 
■l *•: !Wlil iti 4:: 








CUSTOM-DUTIES AND DRAWBACKS, 

oit 

/ 0 

ARTICLES carried Coast-wise, or from Port to Port in 

Great Britain. [205] 


AH goods, wares, and merchandize, brought or carried coastwise, pay likewise (by 
43 Geo. III. c. 70.) an addition of one-eighth more, or 12/. 10f. per cent, on the 
amount of all other duties, until six months after the expiration of the M ar, by the 
ratification of a definitive treaty of peace. See note [35] on the word Convoy- 
/■Duty. 


t 


COASTWSE. 

Duty. 

£. s. d. 

Drawback. 

%£ • s* d • 

CINDERS, of pit-coal, [206] to any port in Great Britain 



por chald. 

0 6 0 

— i 

Coal, [206] (except charcoal made of wood,) into any 



port except London, if sold by weight per ton 

0 4 0 

0 3 * 


COASTWISE LAWS. * 

[205] No person may lade or carry on board any ship or vessel, other than a British 
built ship, ora British ship owned bv British subjects, and navigated by a master and 
three-fourths at least of the mariners British subjects, any commodities or things of what 
kind soever, from one port or creek of Great Britain or Ireland, or of the islands of Guern¬ 
sey or Jersey, to another port or creek of the same, or any of them, upon forfeiture of the 
goods and vessel: 12 Car. II. c. 18. § 6. Every foreign built ship or vessel bought, arid 
brought into Great Britain, to be employed in the coasting-trade, is to pay at the port of 
delivery, for every vo\age, besides all other duties, 5s. per ton : 1 Ja. II. c. 18. 

The additional duty on coat brought coastwise, imposed by 43 Geo. III. c. 70. ma} r 
be secured by bond in like manner as other duties on coals, for the conditions of which see 
27 Geo. III. c. 32. 

[206] Coals, culm, and cinders, carried from the bridge of Sterling, on the Frith at 
Forth, to the town of Dunbar, or to Redhead, or to any part betwixt them, or from El- 
Jen-foot to Bank-end in Cumberland, or from any creek or place to any other creek or 
place betw een Ellen-foot and 'Bank-end, pay no duty on account of such carriage: 27 
Geo. III. c. 13. 

Coals, culm, and cinders, carried from any part of the Lancaster canal , or its branches, 
or from any place within the hundred of Lonsdale, in the county of Lancaster, into the 
Ulverstone canal, across or along the bay or estuary separating the two canals, are not 
liable to any duty of customs. 

For the conditions under which coals and culm may be carried on the Monmouthshiie 
tana/, and afterw ards conveyed from any place to the eastward of the Islands called the 
Holmes, to any place upon the river Severn, or any other place to the eastward of those 
islands without payment of duty, see 37 Geo. III. c. 100: and for the conditions under 
which coals, &c. may be so carried on the same canal, or on any of the railways or fram- 
roads connected therewith, and to the port of Bridgewater only, by a. passage to the west¬ 
ward of the Holmes, see 42 Geo. III. c. 115: of the public local and personal acts. 

In addition to the allowance of other duties repaid under 35 Geo. III. c. 39. on coals 
used for any purpose relating to carrying on the works for the manufacturing of tin plates, 
See. at the Pennygored Works in the county of Pembroke, provided the amount of those 
duties shall not exceed 1000/. per ann. the additional duty imposed by 43 Geo. III. c. 70. 
shall in like manner be repaid. 











CUSTOM-DUTIES, DRAWBACKS, AND COASTWISE LAWS. *95 


COASTWISE. 

Coal, if sold by measure [207] .. per chald. 

-, into London, if sold by weight . per ton 

-, if sold by measure . per chald. 

■-, from Newcastle upon Tyne to any other port 

*-, into London for Chelsea Hospital, not exceeding 

100 chalders per annum. per chald. 

- -, used for melting copper, tin, or lead, ores. [208] 

— . , culm, and cinders, shipped coastwise, and delivered 

at any place beyond the seas , before the duties on 
exportation have been paid, prevent the master 
from entering or clearing out at any port in 
Great Britain until he shall have paid, not only 
theduties on exportation, but also additional [209] 

per ehalder 


Culm, [209] into any port except London. do. 

-, into London..... do. 


-, to be used for the burning of lime [210] ... do. 

London Port-Duty. [211] v 

-, vessels trading coastwise between London and 

any part of Great Britain, the Orkneys, Shet¬ 
land, or Western Islands of Scotland, for every 
voyage in and out of the port of London, inclu¬ 
sive, each vessel . per ton. 

Slate and Stone, the produce of Great Britain [212] 

per cent, ad val. 


Duty. 
£. s. d. 
0 6 0 
0 7 6 

0 9 4 

0 1 0 

0 6 0 


0 3 0 
0 1 4 
0 5 0 
0 1 4 


0 0 1 
22 0 0 


Drawback- 
£. s. d. 
0 5 6 

0 4 0 

0 5 10 


0 1 2 
0 1 5 


COASTWISE LAWS. 

[207] The dimensions and contents of the coal-bushel are fixed (by 12 Anne, st. 2. c. 
17.) at 19^ inches ,from outside to outside, containing one Winchester bushel and one 
quart of water. The Winchester bushel is a round measure with a plain and even bottom, 
18-| inches wide throughout, and 8 inches deep. The ehalder of coals contains 56 bushels, 
Winchester measure. 

[208] On/all coals used for melting copper and tin ores within Cornwall and Devon¬ 
shire, or in fire-engines for draining water out of tin and copper mines in Cornwall, a 
drawback of all the duties is allowed, proof being made on oath before the collector, or 
customer, of the duties having been paid, and the coals having been so used: 9 Anne, c. 
6. § 54- 14 Geo. II. c. 41. § 3. The additional duty paid as Convoy-Duty is in like 
manner so repaid. 

All coals used in calcining or smelting copper and lead ores within the isle of Anglesea, 
or in fire-engines for draining water out of copper and lead mines within such isle, a draw-* 
back of all the duties is allowed ; a proof being made on oath as aforesaid : 26 Geo. III. 
e. 104. 33 Geo. III. c. 81. 43 Geo. III. c. 68. The additional duty, paid as convoy- 
duty, is repaid in like manner. 

[209] The conditions under which this duty shall be repaid, are contained in 25 Geo. 

III. c. 54. The additional duty imposed by 43 Geo. III. c. 70. is repaid under similar 
conditions. ‘ > 

[210] Culm subject to this, duty must be sent coastwise, in any ships, vessels, or boats, 
not exceeding 50 tons burthen, from any place within the limits of the port of Milford, in 
the county of Pembroke, to any other place within the counties of Pembroke, Carmarthen, 
Cardigan, or Merioneth. The culm is shipped by sufferance of the collector or his deputy 
at Milford, and payment of the duty there; the master of the vessel, on his return, is to 
make oath of the landing the culm; without which oath he is not to load any morel 
upon proof of the loss of culm, a like quantity is allow ed to be shipped free of duty, 
upon payment of one shilling fee; 33 Geo. Geo. II. c. 15. 

[211] See more particularly with respect to this duty, and also the exemptions froip it, 
in note [81J page 43. 

[212] The following are exempted from this duty, viz. marble, lime-stone, or iron¬ 
stone; stone cut into mill-stones, grind-stones, or whet-stones; stone manufactured 
into posts and caps for corn-stacks or mow-steads, troughs, gate-posts or other articles 





















*96 CUSIPOM-DUTIES, DRAWBACKS, AND COASTWISE-LAWS. 


COASTWISE. 

Duty. 

o£ • A • 

I Draw back* 
<£. s. d. 

Wines. [213] 

Wool. [214J 

Worsted articles. [214) 




COASTWISE LAWS. 

used for the purpose of husbandry; GroM an-stone, or stone called China-stone, or any 
stone used in the manufacture of porcelain or pottery, if accompanied with the usual coast- 
dispatches, and the proprietor or consignee make a due entry thereof. If such China- 
stone, or any other stone to be used hi porcelain or pottery, be applied to other uses, the 
same shall be forfeited, and the owner thereof forfeit for every ton weight 20s. Nor is 
this duty chargeable on any slate, brought for the sole purpose of being exported, the pro¬ 
prietor or consignee making a proper entry ; and, if such slate shall afterwards be used in 
this kingdom, the owner not having first paid the duty, the same shall be forfeited, and the 
owner forfeit for every ton weight 20s. Nor on any slate the value of which shall not ex¬ 
ceed 20s. the ton, or any stone not exceeding 6s. the ton, if accompanied with the usual 
coast-dispatches : 34 Geo. III. c. 51. § 6.^-And by the 39 and 40 Geo. III. c. 51. there 
are also exempted from this duty the following, viz. all stone manufactured into burr*? 
atones, and all stones used for paving or for making or mending of roads. 

[213] The 27 Geo. III. c. 13. §. 13,14. directs that no wine of any sort, exceeding 
the quantity of 10 gallons, which shall have been imported from foreign parts into any 
out-port, shall be brought from such out-port or any place whatsoever, by land or by wa¬ 
ter, into the port of London or members thereof, or to any place whatsoever within the 
distance of 20 miles from the Royal Exchange, before the proprietor shall have paid to the 
collector of the Customs nearest to the place Whence'such wine is intended to be removed, 
the difference of the respective duties payable at the out-ports and in the port of London, 
in addition to the duties which shall have been paid on the importation into the out-port ; 
and, if any quantity of wine in bottles exceeding three dozen, or in a cask or casks exr 
ceeding 10 gallons, shall atone time, and-in the same carriage, be brought either by laml 
or water into the port of London or to the members thereo?, or to any place whatever 
within 20 miles of the said Royal Exchange, without a certificate from the proper officer 
of the Customs expressing the quality and quantity of the wune, and that the said difference 
between the duties have been duly paid, or that the wine was sold for salvage, or that it 
•was compounded for or condemned, such wine shall he forfeited, together with the cask$ 
and vessels containing the same. If, after removal of any such Mine, and payment of (he 
duties payable thereon in the oat-port, and also of the said difference of duties, and be-? 
fore the same shall be brought into the port of London or the members thereof, or 
within 20 miles from the Royal Exchange, such Mine shall happen to be staved or lost, 
or perish, the commissioners of his Majesty’s Customs (proof having been madeupon oath, 
to their satisfaction, that the wine has been slaved, lost, or has perished) shall cause re¬ 
payment to be made to the proprietor of so much money as the difference of fhe duties 
payable for such wine in any out-port and in the port of London shall amount to. 

Wine being also subject to the duties of Excise, a permit must be obtained from the 
officer of Excise before it is removed j and the regulations adopted bv the commissioners of 
Excise, respecting the removal of Mines in the possession of persons not being dealers, 
must also be conformed to. 

[214} The owners of wool, of the growth of Great Britain, Jersey, Guernsey, Alder¬ 
ney, Safk, or Man • or of any Moolfels, mortlings, shortlingn, yarn or worsted made of wool, 
wool-flocks, crewels, coverlids, Modelings, or other manufactures of wool slightly wrought, 
vp, so as the same may be reduced to and made use of as wool again, mattresses or beds 
stuffed with combed wool or M’ool fit for combing, M ho shall carry the same to any port or 
place on the sea-coast within Great Britain, with intent to convey the same coastwise, 
shall first make a due entry thereof, at the port whence the same shall be intended to be 
sent coastwise, before the same shall he brought M’ithin five miles of the said shipping-port i 
and, if any such wool, &c. shall be carrying towards such shipping-port without such pre< 
vious due entry, it, with the horses and carriage, shall be forfeited. 








A. TABLE OF THE RATES OR DUTIES, 

PAYABLE TO AND VESTED IN 

The WEST-INDIA DOCK COMPANY, for the Use of the Docks, 
&c. at the Isle of Dogs, in the Pori of London, from the Time 
of the Completion of the same, according to the Notice given by 
Advertisement in the London Gazette. [215], 


EVERY loaded ship or vessel entering and using the docks, basons, 
or cuts, &lc. in satisfaction for the use of the docks, and all 
charges of mooring, unloading, unmooring, management until 
unloaded and moored in the dock for light ships, including 
landing-waiter’s fees, hoops and nails for repairing casks, 
with the use of the light dock for six months from the time 

of unloading [216] . per tan of the burthen 

This duty, which is payable in proportion to the actual tonnage of the 
cargo imported, and not upon the register tonnage, is to be 
paid on entry inwards or clearance outwards at the Custom¬ 
house, London, not more than once for every voyage out 
and home inclusive. Ships or vessels which enter the docks 
from any other part than the West Indies, with West-India 
produce, pay omy in proportion to the quantity of West-In¬ 
dia goods actually on board, viz. 6s. Bd.- for every ton of the 
said goods. 

Every new or unladen ship or vessel, entering and using the dock 
for light vessels only, for the purpose of taking in the out¬ 
ward-bound cargo, and foranytirne notexceedingsixmonths, 
in satisfaction for mooring, unmooring, management, &c. 
from the time of arrival at the entrance of the dock until the 
departure, (to be paid as above) .... per ton of the burthen 

Rates payable on goods imported from the West Indies, 

AND LANDED WITHIN THE DOCKS. 

Aloes .:. per czvt. 

Balsam, Natural. do. 

Cassia . do. 

Cortex Winteranus .. do. 

Cocoa ..*.. do. 

Coffee . do. 

CottonWool .. do. 

Dyers’Woods. do. 

Ginger . do. 

Gum Guiacum . do. 

Hides... per doz. 

Indigo .. per cwt. 


Duty. 
£. s. d. 


0 6 8 


0 2 0 


0 

0 

0 


4 8 
4 8 
4 8 


0 4 8 


0 1 


0 1 
0 2 
0 0 
0 3 
0 4 8 

0 0 6 
0 2 6 


[215] These duties were created by 39 Geo. III. c. 69. and 42 Geo. III. c. 113. (of 
the local acts) made for improving the port of London, See. besides which, a lonnage 
duty is payable by all vessels entering inwards, or clearing outwards, either loreign or 
coasting, for which see the words London Port Duty, page 43, note [81] For the new 
Regulations under which West-India produce shall he secured, unladen, and entered, see 
the abstract of these acts iu “ The Shipmaster’s Assistant.” 

[216] Lighters or craft employed to convey, deliver, or discharge goods or ballast from 
gbipping in the docks, are exempted from the payment of duty. 


























*93 DUTIES PAYABLE TO THE WEST-IND1A DOCK COMPANY. 


Duty. 

£. s. d. 


Marmalade ..«... r ...... per jar 

Oil, Castor...... do. 

Pimento ...... do. 

Rum....... per gal. 

Sarsaparilla . p r cwt. 

Sugar ....... do , 

Succads (in boxes) .... do. 

Tamarinds, or succads (in jars) . per jar 

Tortoiseshells .. per cwt. 

Turmeric . per cwt. 

Wine, including Madeira .. ... per gat. 


Tor every cask, case, bundle, bale, or other package, con¬ 
taining merchandize not otherwise specified in this 

Table, weighing two cwt. or upwards .. 

-- : -weighing less than two cwt. .. 

For any article of merchandize brought loose (except wood) 
not otherwise specified or described in this Table, and 
subject to apy duty of customs chargeable according to 

the weight . per 100 

For any article of merchandize brought loose, and not here¬ 
in before specified, whether subject to any duty of cus¬ 
toms or not, there is payable a rate or duty, not exceed¬ 
ing that heretofore usually paid in the port of London, 
for lighterage, landing, loading, and housing of such ar¬ 
ticle. 


0 2 6 
0 2 6 
0 3 2 
,00 1 
0 6 0 
0 0 8 
0 5 0 
0 2 6 
0 5 0 
0 4 8 
0 0 1 


0 5 0 
0 2 6 


0 1 0 


The foregoing duties on goods, Ac. are payable in satisfaction for the use of the 
docks, wharfs, cranes, Ac. including land-waiter’s fees, all charges of wharf¬ 
age, landing, housing, weighing, and of such cooperage as the same may respec¬ 
tively want after being unshipped, with rent for warehouse-room for twelve weeks 
in the company’s warehouses, and charges of delivering the+efrom. 

The rates granted in respect of such goods, Ac. as are subject to the payment of 
duties to the King, are to be paid when the post entry of those goods is made at the 
custom-house; and those granted in respect of such as are not subject to the pay¬ 
ment of any duty to the King, fire to be paid before the ghods be taken from the 
Dock premises. 

In case any owner or master refuses or neglects to pay the duties, the collector or 
collectors appointed by the act are empowered to distrain the ship with all her tackle 
apparel, and furniture, until they be paid; and if. not paid within the space of 
five days after such seizure, the same may be appraised and sold ; and the over¬ 
plus of the produce, after deducting duties and other reasonable charges, shall be 
paid on demand to the master or owners. 39 Geo. HI. c. 69. local. ’ 


A TABLE 



















A TABLE OF THE RATES OR DUTIES 


PAYABLE TO AND VESTED IX 

The LONDON DOCK COMPANY, for the Use of the Docks at 
Wapping, from the Time of the Completion of the same, accord¬ 
ing to the Notice to be given by Advertisement in the London 
Gazette. [217] 


FOR every ship or vessel upon entering into the basons, docks, or 
cuts, the following rates or duties are to be paid, upon 
entry inwards or clearance outwards, according to the re¬ 
gister tonnage, viz. 

— ■ ■- - ■■ Coasters and colliers, trading coastwise between the port 
of London and any port or place in Great Britain , Orkney, 
Shetland, or the Western Islands of Scotland . per to)i 

- To or from Ireland, the Isle of Man, Guernsey, J,rs'y, the 

coast of France from Ushant to Dunkirk , the coasts of Flan¬ 
ders, Holland, Germany , and Denmark, from Dunkirk to be¬ 
low Elsineur, to the North Cape .. .. per ton 

- To or from Elsineur, and all. places in the Baltic , Archangel , 

Onega, and all places Eastward of the North Cape ... per ton 

- To or from France to the southward of Ushant , the coasts of 

Spain and Portugal to the northzoard of Cape St. Vincent, 
Newfoundland, Madeira, the Canaries , and the Azores 

per ton 

.- To or from all places in Europe to the southward of Cape 

St. Vincent, all places within the Mediterranean, Africa , 
North America, South America, the Southern IIkale Fishery, 
and Hudson’s Bay ...... . per ton 

- - To or from all places' in the East Indies , China, Persia, 

and all places not before named . per ion 

For every article of merchandize, whether subject to any duty of 
customs or not, and which shall be landed within the Dock 
premises, there is to be paid a rate not exceeding that 
usually paid in the port of London, for landing, loading, 
and housing of every such article, during the year 1798. 

And for every article, as above, which shall be shipped within the 
Dock premises, there is likewise to be paid a rate, not ex* 
ceedijig that usually paid in the port of London for shipping 
such article, during the year 1798. 

Lighters and craft entering into the Docks, fee. to discharge or re¬ 
ceive ballast or goods to or from on board of ship, are ex¬ 
empted from duties. 


Duty. 
«£. s. <f. 


0 1 0 

0 1 3 

0 1 6 

0 1 9 

0 2 7) 
0 2 6 


[217] These rates or duties were granted by the 39 and 40 Geo. Ill c. 47. of the local 
acts, entitled, “ An Act for making Wet Docks, Basons, Cuts, and other works, for the 
greater accommodation and security cf Shipping, Commerce, and Revenue, within the Port of 
London.” (20th June, 1800.) 
















*100 DUTIES PAYABLE TO THE LONDON DOCK COMPANY. 


Vessels delivering part of their cargoes at the Docks or Quays in the Isle of Dogs 
(under the West-India Dock Act , 39 Geo. III. c. 69.) and part at the Docks of the 
London Dock Company, shall pay the dues under the respective acts, at each of 
the said docks, in the proportion that the quantity of goods or merchandize so un¬ 
loaded bears to the register tonnage of the ship; and for ascertaining the propor¬ 
tion of tonnage, and the quantity of goods so partially discharged, the Collector at 
the Isle of Dogs, if required, shall deliver to the Collectors of the London Docks, 
or other person authorized by the London Dock Company, certificates under his 
hand of the tonnage of the entire cargo, as near as may be, and of all goods so 
partially landed, containing an account of the quantities and species, and the 
amount of the dues paid in respect thereof, shall be ascertained by the landing- 
waiter’s book. 

Vessels going into the dock or bason, &c. may lie there to unload, on paying the 
above rates, for six weeks, from the time of going into the same; and such vessels 
shall pay, if required, a further weekly rent of one farthing per ton during two 
weeks, and a still further rate of one halfpenny per ton for every week longer 
that they shall continue there. The Dock-master oi Dock-masters are authorized 
and directed by the act, upon giving five days previous notice in writing to the 
masters or owners, to order out all light ships, and such as are unfit for service, 
whenever the same shall encumber the basons, docks, &c. or impede the business 
thereof; and every dock-master or owner, &c. who shall refuse or neglect so to 
do, shall forfeit for every offence the sum of 51. In case of neglect or refusal, the 
dock-master or assistants may cause such ships to be removed and moored in any 
part of the River Thames, within high-water mark : and if the charges for remov¬ 
ing, &c. be not paid upon demand, (having been first allowed by 13 or more of the 
Directors) they may be recovered by distress and sale of the ship, or any of her 
tackle, &c. tendering the overplus, if any, upon demand, to the owner, mas¬ 
ter, &c. 

In case any owner or master refuses or neglects to pay the duties, the collec¬ 
tor or collectors appointed by the act, are empowered to distrain the ship with all 
her tackle, apparel, and furniture, until they be paid ; aifti if not paid within the 
space of five days after such seizure, the same may be appraised and sold ; and the 
overplus of the produce, after deducting duties and other reasonable charges, shall 
be paid on demand to the master or owners. 

For the farther regulations to which shipping using these Docks are subject t see the 
abstract of the act in the “ Shipmas-jer’s Assistant.” 


A TABLE 


C. \VH lTTfNCtlAM, Printer, Pean Street, Fetter Lane. 












A TABLE 


OF THE 


DUTIES OF EXCISE, 

With the I) rawbacks upon Exportation ; [3] and the Bonn tie* 
and Allowances made in Certain Cases,, to certain Persons, 
from those Duties. 


W herever it is not expressed to the contrary in this Table, the different articles 
are the produce of Great Brit ain, or are British manufacture, whether of or on 
native or foreign materials; and the same duties are payable all through Great 
Britain. The duties, also, except when particularly mentioned otherwise, are 
payable by the auctioneer, agent, maker, manufacturer, or importer. 


EXCISE-DUTIES. 

ALE. See Bern. 

Auctions. [2] For every 20s, of purchase-money, payable for sale by 
auction of am interest in freehold, copyhold, or leasehold, 
property; annuities, or sums of money charged thereon; 
ships and vessels; reversionary interest in the funds'; plate 
or jewels — — — . — — — — 

-- of furniture, fixtures, pictures, books, horses, and carriages, 

and all other goods whatsoever — — — — 


Duty. 
£ r. rf. 


0 0 6 
0 0 20 


EXCISE-LAWS. 

[1] By 41 Geo. Ill, c. 91. § 7. Commissioners of Excise may order debentures 
to be made out for the bounty or drawback upon articles exported to Ireland, 
Guernsey, or Jersey, although such articles may never have,arrived there, by reason 
of being taken by the enemy, or of being lost on the seas. 

[3] The exemptions from the above duties are as follow, by the 19 Geo. III. c. 56: 
Sales by order of the court of Chancery or Exchequer, before the masters in Chan¬ 
cery, or deputy-remembrancer of the Exchequer, b> the East-India Company, 
Hudson’s-Bay Company, commissioners of Customs or Excise, Board of Ordnance, 
commissioners of the Navy or-Victualling, by the sheriff in execution of judge¬ 
ments, goods distrained for rent or non-payment of tithes, goods and effects of 
bankrupts by order of assignees.—Gdods imported as merchandise from any British 
colony or plantation in America, or (by 42 Geo. III. c. 93.) from any part of the 
United States, on the first sale by or for the account of the original importer, 
to whom consigned, and by whom entered at the Custom-house at the port of 
importation, if sold within twelve months after imported.— Ships, or their tackle, 
apparel, and furniture, or the cargoes taken and condemned as prize, sold for 
the benefit of the captors; ships or goods wrecked or stranded, sold for the 
benefit of the insurers or proprietors, or sold free of duty to pay salvage.—Sales 
for the benefit of creditors by direction of any deed, and sales by trustees chosen 
pursuant to an act of the 12 Geo. III. c. 23.— Effects bought in by the owner 
or agent, previous notice having been given to the auctioneer in writing, signed 
by the owner and person authorized to bid.—Sales of estates to be held by lease 
or copy of court-roll, for life or years; and of woods, coppices, the produce of 
mines or quarries, and for cutting or working the same, and sales of materials 
used in working the same; and of cattle, live or dead stock, and unmanufactured 
produce of lands, sold by the proprietors or their agents.—Sales by lords of manors 

M . for 












EXCISE-DUTIES; DRAWBACKS. 


3S 


EXCISE-DUTIES. 


Duty. 
£ s. d. 


Beer, or Ai e ; [S'] being above 16s. per barrel, exclusive of the duty, 
(and not bei ng twopenny-ale^ mentioned in the 7th article of the 
Treaty of Union with Scotland, nor lable-beer made for sale 
according to regulations of the 22 Geo. III. c. 68,) brewed in 
Great Britain by a common brewer, or by persons who sell 
the same — — — — per barrel 

Bounty on exportation thereof, when barley is at or 

under 24s. per quarter — per barrel 0 10 

Drawback on exportation thereof, per barrel 0 13 11 

- , being Tabi.e-Beer, of 16s. the barrel, or under, (exclusive 

of the duty), brewed in Great Britain for sale, according to 
the regulations of 22 Geo. III. c. 68. — per barrel 

-:-, being Twopenny-Ale, brewed in Scotland per barrel 

■ -, Spruce, or Mum, and all other sorts of beer or ale, and for 

mum imported, (not being Irish beer, ale, 
or mum, imported directly from Ireland) 
to be paid before lauding, per barrel of 32 
gallons wine measure 


o io a 


0 2 0 
0 4 2 


2 0 0 


EXCISE-LAWS. 

for granting of copyhold or customary estates, for life or years, and by the owners 
for life or years; and of woods, coppices, the produce of mines or quarries, or con¬ 
cerning the same, or the cutting or working, thereof, and of cattle, alive or dead. 
If the sale of an estate is void through dcfectof title, the commissioners of Excise, 
or justices of the peace in Tie country, may relieve, on oath, for the duties paid; 
by the 28 Geo. III. c. 37, §. 19, claim must be made within twelve months after 
the sale, if rendered voi 1 within that time; or if not rendered void within that time, 
within three months after the discovery.—Skins from East and West Florida, being 
the produce thereof, within twelve months from the time of importation ; by the 28 
Geo. III. c. 37.—Piece-goods by the manufacturer or first purchaser, the same 
haring been wove or fabricated in this kingdom, being sold in a place entered with 
the proper officer of Excise, also openly shewn and exposed at the time and plac« 
of sale; bv the 29 Geo. iif.‘ c. 93.—Toodsimported as merchandise from Yucatan 
in South America, on the first sale, by or for the account of the original importer, to 
whom consigned, if sold within twelve months from the time of importation; by 
30 Geo. III. c. 26.—Whale oil, whale bone, ambergris, and head matter, and all 
sxins of seals and other animals living in the sea, on the first sale by auction in 
Great Britain; also, all elephants teeth, palm oii, dying woods, drugs, and other 
articles for dyers use, ami all mahogany and other manufactured wood for the use 
of cabinet makers and other manufacturers, imported in British ships from Africa, 
Or from any British settlement abroad, on the first sale of such goods, on account 
of the original importer, and by whom they were entered at the Custom-house, if 
the sale be male within twelve months after importation; by 32 Geo. III. c. 41. 
and, by 41 'eo. ITL c. 42.—Elephant oil, or oil of sea cows, or elephants, is in¬ 
cluded in the same exemption.—From 5 July, 1301, wheat, barley, rye, oats, liee, 
peas, beans, and other corn and grain of every sort, flour and meal, imported into 
Great Britain, and all beef, povk, hams, bacon, cheese, and butter, imported as 
aforesaid, free of duty, upon first sale, thereof by the original importer, within 
twelve months from importation; by 41 Geo. TTI. e. 91. § 8. 

[3] By 12 Car. II. c. 23, the barrel of beer is to contain 36, and that of ale 32, 
gallons; and, by 1 Will, and Mary, sess. -1. c. 24, this measure is limited within the 
bills of mortality.—By 1 Will, and Mary, sess. 1. c. 24. the barrel of beer and ale, 
bre ved in any part of England, Wales, or Berwick-upon-Tweed, (but not within 
London, Westminster, and bills of mortality,) is to contain 34 gallons.—By 27 Geo. 
III. c. 31, the barrel of French beer, ale, or mum, is to contain 36 gallons.—By 43 
Geo. III. c. 69, 36 gal’ons shall be reckoned a barrel of beer or ale, made by 
common b-ewers, and the allowance sh ill be 3 gallons out of that quantity for 
waste, in full compensation for loss by damage, &c.—By 51 Geo. III. c. 82, the 
duty continued of two-pennies Scots, or one-sixth part of a penny sterling, upon 
every Scots pint of ale and beer, which shall he brewed for sale, brought into, 
tapped, or sold, within the town of Kirkaldy and liberties thereof. 


Bright 











BOUNTIES AND ALLOWANCES 


EXCISE-DUTIES. 

Bricks and Tiles. 

--—, Bricks, not exceeding 10 inches long, 3 inches 

thick, and 5 inches wide .— . p cr loOQ 

• -r-, exceeding the above dimensi ns — per 1000 

• > smoothed or 'polished on one or more sides, not ex¬ 

ceeding 10, inches long, by 5 inches wide per 1100 

--- 3 exceeding the abov e dimensions, pay duty as 

pa cing t iles. 

----, Plain tiles — — — per 1000 

-—-, Pan-tiles, or ridge-tiles — —■ per 1000 

-- , Paving-tiles, not above 10 inches square, per 100 

• ---, above 10 inches square, per 100 

-, Tiles, all others not particular}’ describ. [4] per 1000 

Drawback upon exportation, the whole duties. 

Caxdles of tallow, and all sorts, (except wax and spermaceti) 

per ib. avoird. 

- -, of wax or spermaceti — — per lb. avoird. 

Drawback upon exportation the whoie duties. 

Carriages. See Coaches. 

Chocolate. See Cocoa-Nuts. 

Cyder or Perry, made for sale in Great Britain, to be paid by the 
first buyer or maker, being a dealer or retailer, or 
if consigned t. any agent to sell, to be paid by 
such agent [5] — — — per hhd. 

-, foreign, (not being Irish Cyder or Perry, imported 

from Ireland) to be paid by importer before landing 

per tin 

Draz&back upon 1 such as was made in Great Britain, the whole duties. 
Coaches or Carriages, with 4 wheels, built for sale —. each 

-with 2 wheels — — — each 

Cocoa-Nuts, of British col nies in America, having been warehoused 
upon importation, pay, when taken out for home-con¬ 
sumption — — — — per lb. 

-, imported by the East India Co. — per lb. 

---, from and the pioduce of other places per lb. 

Drawbaik on export of chocolate, made from 

cocoa-nuts imported — pertb. 0 0 10 

Coffee of British colonies in America, having been warehoused upon 
importation, pays, when taken out for homeeousump, per lb. 

—-, imported by the East India Co. — — p<r lb. 

-from, other places [6] — —• per lb. 

Distilleries, Scotch; see Stills. 

Glass ; viz. 

-, materials for making all plate, flint, enamel, stained, paste, 

or phial, glass — — — — per czvt. 


99 


Duty. 

£ S . ‘ dm 


0 5 l> 

0 10 0 

0 12 0 


0 4 10 
0 12 10 
0 2 5 
0 4 10 
0 4 10 


0 0 1 
0 0 3 | 


1 0 0 


17 17 0 

I 0 Q 
0 10 0 


0 1 10 
0 2 0 
0 3 0 


0 1 1 
0 1 G 

0 2 0 


1 12 8 


EXCISE-LAWS. 

[4] Tiles of the following description, for draining wet or marshy lands, are, by 
54 Geo. III. c. 15, exempted from duty; viz. tiles, 19 7 * 6 inches in length, 13^ inches 
in breadth, bent into a semi-eilipticai fin in, the inside of the crown of the arch 
thereof being not less than 7 inches perpendicular, from a straight line drawn from, 
side to side after the same is bent, and the sides not being more than 5 inches 
asunder o i the inside.—By 42 Geo. III. c. 93. these tiles are permitted to be made 
free of Excise duty, if only 9 inches in breadth, being of the other dimensions 
mentioned. 

f5] Cyder and Perry made for sale, are also chargeable, by 43 Geo. III. c. 3, 
with a duty of,4s. per hhd.—These duties, which are annual, are to continue byxthe 
abov e act, vntil 23d of June 1804. 

[6J By 41 Geo. III. c. 91. § 3. If any commodity manufactured'in imitation of 
eoffee, be mane for sale, be sold, or found in the possession of any dealer in coffee, 
the same shall be forfeited, with the containing package; and the offeuder shall 
forfeit 501. 

M 2 


Drawback 


























100 


EXCISE DUTIES, DRAW-BACKS, 


EXCISE-DUTIES, 

Glass j Drawback on exportation of plate-glass, 

per sq. foot S'tperf. 0 2 2| 

__—____ of flint-glass, or enamelled, 

Stained, paste, or phial, - 
-glass, — per act. 2 3 6 

- - materials for making spread window glass, called broad glass 

per cwt. 

Drawback on exportation of such glass per exit. 0 8 1 

-materials for making all other window-glass, (not being spread- 

glass,) whether flashed or otherwise manufactured, and called 
crown-glass, or German sheet-glass — — per act. 

Drawback on exportation of such glass per cwt. 19 9 

.— materials for making common bottles, (not being phials) vessels 
for chemical laboratories, garden-glasses, and all vessels made 
of common bottle-metal — — per cwt. 

Drawback on exportation of such bottles, he. per crct, 0 4 0^ 

.. . Plate-glass, ami all other glass manufactures, not before-de¬ 
scribed, (not being flasks in which wine or oil is imported, nor 
foreign green glass bottles, net; Irish glass imported directly 
from Ireland) imported as before-mentioned — per cwt. 
Hides and Skins ; viz. 

.-Hides of ‘what kind soever, calf-skins, kips, hogs’ skins, dogs’ 

skins, seal- skins, tanned; and sheep and lamb-skins, tanned lor 
gloves and bazils — * — — per lb. 

" ■■■- - , Goats 1 skins, tanned with shumach to resemble Spanish leather 

per dozen 

— -, Sheep-skins, tanned for roans — — per dozen 

— — , All other skins, and pieces of hides and skins, tanned, not before- 

described — — — — per lb .. 

-- ■Hides of horses, mares, and geldings, dressed Ui alum and salt, or 
meal, or otherwise tawed — — per hide 

— , Hides of steers, cows, or any other hides whatsoever^ so dressed 

or tawed — — — — per hide 

, Calf-skins, kips, and seal-skins, so dressed or tawed 

per lb. avoird. 

-, Slink calf-skins, so dressed or tawed with the hair on per doz. 

Slink calf-skins, without hair, dog-skins, and kid-skins, so dressed 
or tawed [7] — — — — per doz. 

<- — , Buck and doe-skins, (except such as paid the full duty on im¬ 
portation,) so dressed or tawed — — per lb , avoird. 

- - Goat-skins or .beaver-skins, so dressed or tawed per doz. 

- Sheep-skins and lamb-skins, so dressed .or tawed 

per lb. avoird. 

--All other skins, and pieces of hides and skins, not before de¬ 
scribed, and so dressed or tawed — — per lb. 

Drawbacks on exportation; viz. 

--All hides and calf-skins, sheep and Iamb-skins, tan¬ 
ned, tawed, or dressed, two-thirds of their respective 
duties. 

- - Tanned leather, changeable with duties by 

weight, drawback when manufactured. 

into goods and exported — per lb. 0 0 1 \ 

--Boots, shoes, gloves, or other manufactures, made of 

arty tawed or dressed leather, paying duty by weight, 
a drawback upon exportation, of two-thirds of those 
duties. 


Duty. 

£. s.. d. 


0 8 % 

V 

1 4 » 

0 4 1 

0 2 0 

0 0 1 | 

0 4 0 
0 2 £ 

0 0 G 

0 16 

0 *3 0 

0 0 If 
0 3 0 

0 1 0 

0 0 6 
0 2 0 

0 0 If 

0 0 6 


EXCISE JjAWS. 

[7] Kid-skins, tawed in Great Britain, are made subject to this duty by 39 and 40 
,€eo. Ill c. 63 i which repealed the former exception in favour of suck kid-skins as paid 
full duty upon importation* 

Hides 

















BOUNTIES, ANDALLOWANCES, 


101 


- » . - — -- -—- t z -:—rr—■ 

EXCISE DUTIES. 

Hides; Buck, deer, and elk, skins, dressed in oil per lb. avomf. 

- Sheep and ldmfr-skins, dressed in oil — per it), avoird . 

• -All other hides and skins, and pieces thereof, dressed in oil 

per lb. avoird. 

Drawbacks on exportation ; viz. 

-Buck, deer, and elk-skins, so dressed in 

oil, whether made up into goods or not 

her LP. 0 10 

-Sheep and lamb-skins, so dressed in cyl, and 

made up into goods — per lb. 0 0 3 

-—r- All other hides and skins, so dressed in oil, 

and made up into, goods — per lb. 0 0 6 

--Sheep-skins, and ail other hides and skins, (except 

lamb-skins) so dressed in oil, and exported as mer¬ 
chandize, drawback, two-thirds of their respective 
duties 

--Vellum — — — — — per doz. skins 

--Parchment — — — — per doz. skins 

Hops, of Great Britain, cured for use [S] '' — per lb. 

Drawback on exportation to the Isle of Man, until the 5 July, 
1804.—All the duties, % 

Malt, made of bailey or other grain, in Great Britain [9] perbushel 
Allowance on malt made and locked up for exportation, and 
exported, according to 12 Geo. I. c. 4. § 46 

per qnar. 0 0 3 

Metheglik, or Mead, made for sale — — — per gall. 

-foreign, imported, (not being Irish, or imported 

from Ireland) — — per gall. 

Paper, made in Great Britain ; viz. [10] 

- First class ; all paper, except brown made of old ropes or cord¬ 
age, glazed paper for clothiers or hot-pressers, sheathing 
paper, button paper, or button-board — per ib. 

- — -■ ■■• Second class brown paper made of old ropes or cordage 

per lb ; 

-glazed paper, for clothiers and hot-pressers, mill¬ 
board and scaleboard — per civt. 

- Drawback on exportation of all the duties charged on such 

paper, if inclosed in the wrapper; and the officer is to take 
oft' the excise-marks, when it is packed; up for exporta¬ 
tion. 

—- on exportation of paste-board, mill-board, and 

scale-board, and in proportion for any greater or 
less quantity — — per cwt. 110 

-on printed books, bound or unbound, in complete 

sets, or in numbers, or blank or other account 
books, of paper of the first denomination 

per lb. 0 0 3 

-of all the duty on glazed or other press-papers, for 

clothiers and hot pressers, and consumed in the 
pressing of woollen cloths and stuffs in Great Bri¬ 
tain. 


Duty. 

£. - s. d. 

0 1 0 
0 () 3 

0 0 & 


0 3 6 
0 1 9 

0 0 

0 1 0 { 

0 1 6 
0 5 0 

0 0 3 
0 0 1 £ 
110 


[8] By the 26 Geo III. c. 5. hops may be exported to Ireland before the duties are 
paid, proper notice being given to the officers of Excise, and the several regulations 
of the commissioners of Excise being conformed to. 

[9] Malt is also subject to two other duties imposed by annual acts., viz.; 6 pence 
per bushel in England, and 3 pence per bushel in Scotland, by the act for conti¬ 
nuing certain duties on malt, mum, cyder, and peny, and 9f per bushel in England, 
and 4|d. i n Scotland, by the act for continuing the duties on pensions, officers, &c. 

[10] Pasteboard made of pap«r which lias paid duty, is liable to no further charge. 

Pauer, 






















102 


EXCISE DUTIE?, ANT) DRAWBACKS, 


EXCISE DUTIES. 

Pater, Drawback of all the duty on paper used in printing books in 
the Latin, Greeks Oriental, and Northern lan¬ 
guages, within the universities of Great Britain, 
by permission of the principals of the same. 

-of all the duty on paper, or used in the universities 

of Oxford ami Cambridge, or by the king’s print¬ 
ers in England and Scotland, for printing bibles, 
testaments, &c. 

--Paper printed, painted, or stained, to serve for hangings, be¬ 
side the duties payable before stained — per yard square 

--> Drawback on exportation of this-article, all the duty. 

Parchment. See Hides. 

Perry. See Cyder. 

Printed Goods. 


Duty. 
£, i 1 . d. 


0 0 1 | 


-- For painted of stained paper, sec Parer. 

-- calicoes and muslins, foreign, printed, stained, painted, or dyed, 

in Great Britain, except dyed throughout of one colour 

per yard of yd.-zeide 

r— - linens and stuffs, made wholly of cottony cotton-wool woven in 

GYeat Britain, called British manufactory, British Muslins, 
fustians, Velvets, Ve roe rets. Dimities, and other figured studs, 
made of cotton or other materials mixed, or wholly of cotton¬ 
wool, wo.en in Great Britain* and all other studs whatso¬ 
ever, which shall be printed, stained, painted, or dyed, in 
Great Britain (except dy*ed throughout of one colour only, 
and excep t stuffs made of vvooilen, or whereof the greatest 
part in value shall be wool'cn,) — per yard of nd. wide 
- - — sids , printed, stained, or painted, in Great Britain, (silk hand¬ 
kerchiefs excepted,) besides tiie duties payable on importa¬ 
tion thereof — — — per yard of haif yard voule 

— silk handkerchiefs, printed, stained, painted, or dy^d, in Great 
Britain, beside the duties payable on importation thereof 

V so. yard 

Drawback on exportation, the whole of the dutit on all the 
above goods, printed, 6cc. in Great Britain. 

5 alt; viz. (I1J 

-foreign, (not Irish, from Ireland) imported into Great Britain 

per b shel 

• - , or rock-salt, made at any salt-work, or taken out of any salt-pit, 

in Lngianu or v\ ales — — — per bushel 

Dru.ooack on such salt, (except rock-salt,) exported 

per bushel 0 10 0 

• — , Allowance on ditto, used in making oxigenated muriatic acid 

used in England for bleaching, and in proportion for a greater 
or less quantity, deducting at the rate of ~~ per cent, in con¬ 
sequence of increase of weight by moisture of the air 

per bushel 


0 0 7 


0 0 2 \ 
0 1 1 | 
0 0 4§ 

0 13 4 
0 10 0 


0 10 0 


EXCISE LAWS. 

[11] These duties, drawbacks, and alio** ances on salt, were imposed by 3® 
Geo. III. c. S9; by which it is enacted, that 351b. avoirdupois of rock-salt, or 
^61b. avoirdupois of other salt, shall be deemed one bushel. For the bounties on ex¬ 
portation of fish salted, which are payable out of this duty, see the head of Look- 
ties, hereafter. 

Ly 41 Geo. III. c. 21. salt may be taken on board any vessel employed in the 
catching and curing of herrings, pilchards, mackerel, or any other sort of whole¬ 
some fish, duty free, bid not in greater proportion than 10 bushels to every ton bur¬ 
then. The allowance of suit to each species of fish so cured, is, to every cran of her¬ 
rings, consisting of 34 gallons 651bs of salt; to every barrel of mackerel, containing 50 
gallons, 95lb$, of salt, to every err/ of ail other lish, 221bs. of salt. These free regu¬ 
lations-are to continue till the 25th March, 1804. 

1 y 42 Geo. 111. c. f- x ik f>lb ~. of pure salt is allowed to every cask Of pilchards or 
ccaus. No salt to applied, shslj be used javrs than twice, S*yr 













BOUNTIES AND ALLOWANCES. 


103 


\ 


EXCISE-DUTIES. 

Sai.t, or rock salt., made at any salt-work, or taken out of any salt-pit, 
in Scotland — — — —> per bushel 

Drawback on such salt, except rock-salt, exportation 

per bushel 0 4 0 

Allowance on such salt, used in making oxygenated muriatic 
acid in Scotland, for bleaching, deducting as above 

per bushel 0 4 0 

-Glauber or Epsom salts, made in Great Britain per bushel 

r jru-vhach on exportation — per bushel 0 10 0 

-, mineral alkali, or dux for glass, made of rock-salt, or from brine, 

or sea-water — — — per ton 

--, rock-salt, upon exportation, (except to Ireland,) pays per bushel 

-, or rock-salt, imported from Scotland into England or Wales, ac¬ 
companied by certificate, of having paid there the duty of 4s. 
per bushel; pays, on importation — per bushel 

——, used in curing flesh, exported from Scotland to England, and 
provisions for ships in Scotland, and for foreign voyages 

per bushel 

Salted beef or pork, or bacon, brought by land from Scotland to Eng- 
land, to be entered and paid for by the person bringing the 
same, at the nearest office of Excise — — per coot . 

Bounty on beef, pork, and fish, salted. See table of boun¬ 
ties, &e. hereafter. 

Skins. See Hmrs. 

Snuff, [12] imported by the East India Company — per lb, 

——, from British plantations in America, or Spanish West-Indies 

per lb. 

— - from American States, or any other place, excepting Ireland 

per lb. 

Soap ; viz. 

--hard cake-soap, or ball-soap, made in G reat Britain per lb. 

Allow a we for hard or ball snap, used in m iking 
cloths, serges, bays, stockings, or manufactures 
of sheep or lambs’ wool only, or in manufac¬ 
tures, in which the greatest part of the value 
of materials shall be wool, or in finishing or 
preparing the wool for the same per lb. 0 0 If 

—-—-, used in whitening of new linen, in the 

piece — — per lb. 0 0 J * 

Drazvba 1 - on exportation — — per lb, 0 <) 2*- 

--, softsoap made in Great Britain — — per lb. 

Allowance cm soft soap, used in the woollen manufactures 

described under the allowance for hard soap per lb. 0 t) ! 

---, used in whitening of new linen in the 

piece — — per lb. 0 0 Of 

-, Drawback on exportation — — per lb. 0 p If 

-, Allowance on all soap made in Orea f Britain, and used 

on or before the 24th June, T 06, in any manufac¬ 
tures of flax or cotton for sale (except whitening new 
linen in the piee£) — — per tb. 0 0 Of 

Spirits, foreign; viz. 

-, brandy, single, &c. imported — — per gall. 

---, above proof, imported — — per gall, 

-, rum, single, spirits, or aqua vita?, of British colonies, im¬ 
ported [13 j — -■ — per gall' 


Duty. 

£ *. <?.. 

0 4 0 


0 10 o 

1 0 0 
0 0 1 

0 6 0 

0 6 0 

0 2 6 

0 3 9 
0 1 C 
0 1 11 
0 0 2f 


0 0 If 


0 8 5 
0 16 5 

0 6 11 

Spirits, 


EXCISE-LAWS. 

[12d Snuflfmay be warehoused on importation free of duty, by 29 Geo. III. e. 68. 
to pay duty only when taken out for home consumption, 

[13] r* iigi or spirits of the Brit.sh sugar-plantations, upon importation, maybe 
warehoused, at the expence of the importer, and bond giyea for payment of excise 

duty, 












104 


EXCISE-DUTIES, DRAWBACKS, 


EXCISE-DUTIES. 

Spirits, rum,'single, spirits, nr aqua' vide, above proof, imported, per , 577 //. 

* -» single spirits, or aqua vita*., not before enumerated, imported 

per malt. 

-> spirits, or aqua vitae, not before enumerated, being above 

proof, imported — — — per gall. 

-, rum, single, spirits, or aqua vjtoe, imported by East-India 

. Company — — — per gait. 

-, rum, spirits, or aqua v itse, above proof, imported by East 

India Company — — — per gall. 

Spirits, British; vyg, 

-fermented wort or wash, brewed in England for extracting of 

spirits, for home-consumption, from malt, corn, grain, or 
tilts, ov any mixture therewith — — per gall. 

--, cyder or perry, or any other wash or liquor, brewed as afore¬ 

said from any British materials (except from such as are be¬ 
fore-mentioned),' for extracting spirits for home-consump¬ 
tion — — — — per gall. 

• -, wash, brewed in England from melasses or sugar, or any 

mixture therewith, for extracting spirits for home con¬ 
sumption — — —• per gail. 

———, wash, brewed as aforesaid from foreign refused wine, or fo¬ 
reign cyder, or wash prepared from foreign materials (ex¬ 
cept, from melasses* or sugar), for extracting spirits for home- 
consumption — — — per gall, 

- -, wash, made by Sir William Bishop and Co, or survivors, at 

Maidstone, for every V20 gallons thereof, produced from 
1121b. of malt or other corn, on or before 5th July 1S04, 

--, wash, in the possession of Sir W. Bishop and Co, or survivors, 

of u hieh 30 gallons shall be found to produce more than 2 
gallons and one-eighth of spirit at the strength of 1 in 6 
under hydrometer proof — — per trail, 

--, Spirits, 1 to 10 over hydrometer-proof (and so in proportion, 

according to the strength), made in Scotland, for conisump- 
tion in Scotland (not exceeding the number of gallons li¬ 
mited to be distilled in each still respectively), over and 
above the duty on thes ill and on the wash — per gall. 

• —rr=—, worts or wash brewed in Scotland (except in the Highlands) 
for extracting of spirits for consumption in Scotland, from 
malt, corn, grain, tilt, cyder, or perry, or any other worts 
or wash made from British materials — per gall. 

-—-, worts or wash brewed in Scotland, for extracting of spirits for 

consumption in.Scotland, from melasses or sugar, or any 
mixture therew ith, or from foreign, refused wines, or foreign 
cyder, or wash prepared from foreign materials, per gall. 

- -, spirits, not exceeding 1 to 10 over hydrometer-proof (and so 

in proportion according to the strength), distilled in Eng¬ 
land and imported into Scotland, upon importation., per ga//.— 

--, spirits, not exceeding from 1 to 10 over hydrometer-proof, 

manufactured in Scotland, and imported into any other 
part of Great Britain, paid oh importation, — per gait. 

- 1 -, if of greater strength than from 1 to 10 over 

hydrometer-proof, and not exceeding 3 percent, above 1 to 
10 over hydrometer-proof, additional on importation as 
aforesaid — — — — per gall. 


Duty, 

.£ s. <I . 

0 13 4 
0 8 5 
0 16 5 
-0 7 6 
0 14 6 

0 0 n 

0 0 10 
0 1 4$ 

0 1 10 

1 10 0 

0 1 0 

0 0 6 

0 0 2f 

0 0 2f 
0 4 0 

0 5 0 -| 

t ■. 

0 5 0 - 1 - 


EXCISE-LAWS. 

duty, either when the same are sold, or at the end of six months at farthest. This 
regulation was made by 15 Geo. II. c. 25; and continued by 39 and 40 Geo. Ill, 
c. 45, till 29 September 1505, and thence to the end of the then next session of 
parliament. 

Spirits* 




















105 


BOUNTIES, AND ALLOWANCES. 


EXCISE-DUTIES, 

- 1 -, and also a farther duty proportioned to the 

degree of strength in which such spirits shall exceed the 
said strength of 1 to 10 over hydrometer-proof. — 

Bounty on every tun of British spirits exported 3 12 0 

Starch, made in Great Britain, of any sort [14] — per lb. 

Atlo'vance on starch used in finishing new linen in 

the piece for sale — — per lb. 0 0 3 

-, on starch, used on or before the 24th of June 1806, 

in manufactures of flax or cotton, for sale (except 
finishing new linen) — — per tb. 0 0 1^ 

iJra vback on starch exported — per lb. 0 0 3( 

Stills, Scotch; fo^ every gallon, English wine measure, of the cu¬ 
bical content of each still (including the head and every part 
thereof, and any horn, pipe, tube, or other apparatus there¬ 
with connected, as high as the steam can ascend, and until 
the top of the head turn downwards^ and form an angle of 
45 degrees), which shall be used for the. following purposes, 
viz. 

■--—, for distilling low wines or spirits for consumption in 

Scotland, from corn, grain, malt, tilts, cyder, or perry, or 
other wash or liquor brewed from any sort of British materials 
in Scotland (except in the Highlands) [15 and 19] per arm. 

- ! -, for distilling of the same from melasses or sugar, or 

any mixture therewith, in Scotland [16 and 19] per ann.. 

-, for distilling of the same from foreign refused wines 

or foreign cyder, or wash prepared from foreign materials (ex¬ 
cept melasses and sugar) or any mixture therewith, in Scot¬ 
land [17 and 19] •— — — per mm. 

-, for rectifying, compounding, or mixing, any kind 

of strong waters or spirits, in Scotland, [15 and 19) per ann. 

-, for distilling of spirits, from the barley, beer, or bigg, 

of the growth of, and in, the Highlands of Scotland, the cubical 
content of such still not being less than 30, nor more than 
40, gallons, [18 and 19] — — per ann. 

-, if exceeding 40 gallons, the surplus not being more 

than 3 gallons — — — per ann. per gall. 


Duty. 
£ s. d , 


0 0 3-t 



108 0 ® 
670 0 0 

760 0 0 

108 0 0 

6 10 0 

9 10 0 
Sweets, 


EXCISE-LAWS. 

[14] By 42 Geo. III. c. 14. § 1. starch may be made from potatoes or rice, or 
or any mixture thereof, (at any starch manufactory R egularly entered with the ex¬ 
cise before 25 March 1800) free of duty, for six months from 1st January 1802. By 

the 7th of that act, it is enacted that “ no drawback or allowance shall be made, 
“ given, or granted, On any account whatsoever, for starch exported or employed 
“ in any manufactory.” This taking away of the drawback and allowance seems, 
by the words, not to be temporary, as the rest of the act is. 

[15] This licence duty extends to permit the distilling of not more than 2025 
gallons of spirits, for every gallon of cubical content of the still, in one year, of the 
strength of 1 to 10 over hydrometer-proof. 

[16] This license duty extends to permit the distilling of not more than 4050 
gallons of spirits for every gallon of cubical content of the still, in one year, of the 
strength of 1 to 10 over hydrometer proof. 

[17] This license duty extend to permit the distilling of not more than 3645 gal¬ 
lons of spirits fur every gallon of cubical content, of the still, in one year, of the 
strength of 1 to 10 over hydrometer-proof. 

[]18 Thisdiceuse duty extends to permit the distilling of not more than 52 gal¬ 
lons of spirits for every gallon of cubical content of the still, in one year, of the 
strength of 1 to 10 over hydrometer-proof. 

[10] If more than the licensed quantities (specified respectively in notes 15, 
16, 17, 18,) be distilled in one year; then the surplus quantities pay the following 
duties, over ana above the iieense-outies, viz. jf distilled from malt, corn, or British 
materials, '3s. per gallon; it distiiiea rroin mexasses or sugar 4s. 9d. per gallon; if dis- 

N tilled 

















10(5 


EXCISE-DUTIES, DRAWBACKS, 


EXCISE-DUTIES. 

Sweets, [20] commonly called made wines, made for sale from fruit 
o?r sugar, together or mi led with other materials pet barrel. 
Tea, under 2s. ad. per ib. according to the sale-price at the East-India 
Company’s sales — — — per. rent, ad val. 

_ _ ; of 2s. dd. or - • ;rds per lb. according to the sale-price of the 

East-India Com any s sales — — per re u. ad. oat. 

Drawback of the whole duties on tea exported to Ireland, 
Guernsey, Jersey, Gibraltar, British colonies, or United 
States of America, Africa, or any place on the continent of 
Eur >pe where a British Consul resides. ^See note on Tea, 
in tae Duties of Customs.) 

Tobacco, [2i, of plantations or dominions of Spain and Portugal, im¬ 
ported — — — ,— per lb. 

- --, if warehoused, pays on delivery for exportation, 

per lb. 

- . .., of Ireland, British plantations in America, or American 

States — — — — per >b. 

- .M. . ■, of Russia, or of Turkey, or imported by East India Com¬ 

pany — — — — — Per lb. 

Drawbar 1 , on the export of the following species of tobacco, 
manufactured from tooacco, delivered out for home- 
consumption, vim 

On short-cat or roll tobacco — per lb. 0 0 10 

On shag tobacco and carrot-tobacco, [22] 

per ib. 0 0 9| 

Vellum. See Hites. 

Ver juice, ma le for sale in Great Britain per hogshead of 63 ?all 
Vinegar, vinegar-beer, or lienors preparing for vinegar made in Great 
Bri ain, for sale — — — per barrel 

Wines, French — — — — per tun 

i)rawback on export thereof — per tun 44 2 0 

— all other wines — — — per tun 

D> awback on export thereof — per tun 29 8 0, 

Allowance on wines, of any sort, shipped for the use of flag 
or other commissioned officers, in any of his Majesty’s 
ships, and for actual consumption on board, all the duties. 
Wire; gilt wire made in Great Britain — — per oz. troy 

Drawback on export of gold thread, lace, or fringe, 
made of plate wire spun upon silk, such plate-wire 
being made of the said gilt wire — per lb. 0 7 8 

- — j silver wire made in Great Britain — — per oz. troy 

Draieback on export of silver thread, lace, or fringe, 
made of plate-wire spun upon silk, such plate-wire 
being made of the said silver wire — per lb. 0 5 9 


Duty 

£ s. d, 

2 2 0 
1 5 0 0 

45 0 9 


0 3 • 
0 0 3 
0 1 1 
0 1 1 


0 7 S 

0 10 0 
48 6 0 

32 11 9 


0 0 1# 


0 0 7 


tilled from other foreign materials, 5s. 9d. pergallon.—If the due quantities computed 
be not produced according to the foregoing annual rates, the following duties'are to be 
paid for deficiencies.—If the quantity of spirits, computed at the strength of 1 to 10 
•ver hydrometer-proof, and charged with the duty of,6d. per gallon, for every gallon- 
deficient 6d. And likewise, 

If distilled from British materials, and 11 gallons of spirits shall not be produced 
from every 100 gallons of wash (or, in the Highlands, 6 gallons) for every gallon de¬ 
ficient Is. 6d.—If from melasses or sugar, 22 gallons of spirits, ef the same strength, 
be not produced from 100 gallons of wash, for every gallon deficient 3s. 9d.—If 
from any other-foreign materials, 20 gallons, of the same strength be not produced 
from 100 gallons of wash, for every gallon deficient 4s. 8d. 

[20] The barrel contains 3V§ gallons. 

[21] Tobacco may be warehoused free of duty; and the duties are not payable 
until delivered out of such warehouses. 

[22] The drawback on tobacco out. of the annual duty by act for continuing the 
duties an pensions, &,c. viz. 6d. per lb. is included here. 

BOUNTIES, 












BOUNTIES, PREMIUMS, and ALLOWANCES. 

PART I. 

*** The bounties contained in this part are payable upon the exportation of goods, 
which, not having been liable to the duties of Excise, are not there mentioned ': 
and the drawbacks are those which are allowed upon the. exportation of good3 
which have paid other duties than those of Customs or Excise. 


BOUNTIES, &c. 

CORDAGE, [23] manufactured in Great Britain from foreign rough 
or British hemp (except hemp of the British colonies in America, or 
of the American States, or in less quantity than three tons weight) 
exported to any part of Europe, (except the Isle of Man, the Islands 
of Faro or Ferro, Madeira, the Canaries, or the Azores or Western 
Islands,) — — — — bounty per cwt. 

Corn ; bounties on exportation thereof, viz. [24] 

— Barley, beer, or bigg, if under 22s. per quarter, bounty per quarter 

— Malt made therefrom, when barley, &c. is under said price 

bounty per quarter 

— Barley-meal, bear-meal, and bigg-meal, when barley, &e. is under 

the said price — — — — bounty per cwt. 

— Oats, when under 14s. per quarter — bounty per quarter 

— Oatmeal, when under 13s. per boil — ^ bounty per Loll 

— Rye, when under 28s. per quarter —- bounty per quarter 

— Rye-meal and flour, when rye is under the said price, bounty perczvf, 

— Wheat, when under 44s. per quarter — bounty per quarter 

— Wheat-meal, when wheat is under the said price, bounty per cwt. 

— Wheat-flour, end biscuit made of wheat, when wheat is under the 

said price — — — bounty per diet. 

Linen, made of hemp or flax, in Great Britain, Ireland, or the is'e of 
Man, and exported to Africa, America, Spain, Portugal, Gi¬ 
braltar, the Island of Minorca, or the East-Indies, until June 
24, 1806, and thence to the end of then next session of par¬ 
liament, the following bount : es, viz. 

— -, being 25 inches or more in breadth, and under the value of 5d. 

the yard — — — per yard 

.--—--, value 5d. and under 6d. the yard — perj/ard 

- ---, value 6(1. and not exceeding Is. 6d.theyd, per yard 

--, British checked or striped linen, 25 inches or more in breadth, 

not exceeding Is. 6d. and not under 7d. per yard — per yard 
—— , diaper, huckabacks, sheeting, and other sj.ecies of linen, up¬ 
wards of one yard English in breadth, and not exceeding Is. 6d, 
the square yard in value — — per square yard 


£ 


0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 


0 

0 

a 

0 


0 


s. d . 


2 4f 

2 6 

2 6 

0 . 10 
2 0 
1 6 

3 0 
0 9 
5 0 
1 3 

1 6 


0 1 
0 If 

0 Of 
0 If 


LAWS and REGULATIONS. 

[23] By the 6 Geo. III. c. 45, continued by subsequent acts fill 1800, no cordage 
was to be exported without a certificated shall be prodi ced under the hands of three 
of the commissioners of his Majesty’s Navy, signifying that such coydage hath been 
tendered to them for the use of his Majesty s dock-yards, at the fa : .r and then market 
price of such cordage in London, and that the same hath been refused by that 
board. 

[24] By the 31 Geo. III. c. 30, the before-mentioned bounties are allowed upon 
the exportation, in British-built ships, of the several sorts of ground or unground 
corn above-recited, bei g of the growth or product of-this kingdom. Wheat-meal or 
wheat-flour is adjudged by .passing it through a fdurteen-shiiling cjoth j if it does not 
pass through, it is not considered as wheat-flour, 

N 2 


Linen 













105 


BOUNTIES, PREMIUMS, &C. 


BOUNTIES, See. 

Linen, British and Irish buckrams or tilietings [25] — per yard 

-, British and Irish linens, and British callicoes and cottons, or 

cotton mixed with linens printed, painted,' or stained, in 
Great Britain, of the breadth of 25 inches or more, which 
before the printing, &c. thereof, shall be under the value of 
5d. per yard, [25 j x — — — per yard 

—-, of the value of 5d. and under 6d. per yard, [25] per yard 

--, of the value of 6d. and not exceeding 8d. per yard, 

[25] — — — — per yard 

-, sail-cloth, British made, [26] exported under the regulations 

required by law — — — bounty, per ell 

Plate, silver wrought or manufactured in Great Britain, and exported, 
[27] — — — — per oz. troy 

•-> gold wrought or manufactured in Great Britain, and exported, 

. [27] . — — — — per oz. troy 

Salted beef and pork, exported for sale, salted in England or Wales, 
with salt which has paid the duty, or salted in Scotland with 
foreign salt (without mixture of any other sort), having paid 
the duties — — bounty, per barrel of :32 gaits. 

-white herrings, exported [28] bounty, per barrel of 32 'ails. 

--fhll red herrings, exported, ,29] bounty, per barrel of 32 waits. 

-red, clean, shotten herrings, exported, bounty per. barrel of 32 galls. 

--dried ling, cod, and hake,‘called balxrdiues, being 14 inches 

long and upwards, from the bone in the fin to the third joint in 

the tail, and exported - — bounty, per cxvt. 

-w 7 et ling, cod, and hake, exported, bounty, per bar > cl of 32 galls. 

-pilchards or scads, exported, [-'30] bounty, per cask of 50 gaits'. 

--, and an additional bounty till 24 June, 1805, per cask 

■-salmon, exported — — bounty, per barrel of 42 galls. 

-*— dried red sprats, exported — bounty, per last of 10,000 


£ s. d. 

0 0 0 | 


ft 0 Of 
0 0 1 

0 0 1 ] 

0 0 2 

0 0 6 

0 8 0 


0 5 0 
0 2 8 
0 1 9 
0 1 Q 


0 3 0 
0 2 0 
0 7 0 
0 1 6 
0 4 6 
0 1 0 


LAWS ant) REGULATIONS. 

[25] By the 21 Geo. Ilf. c. 40; 23 Geo. Ill. c. 2l; and 24 Geo. III. c. 14; 
these bounties are to be paid during the continuance of an act passed in Ireland in 
the 20th year of his present Majesty’s reign, by which certain bounties were granted 
on the exportation of linens, buckrams, and tiiiettings, of the manufacture of that 
kingdom. 

[26] This bounty is by 12 Anne, c. 16; but, by 29 Geo. III. c. 55, the bounty 
is not to be paid for sails exported, unless they are stamped before shipping ; but 
no bounty is payable on export to Ireland.—It is continued, by 39 & 40 Geo. III. 
c. 45, till 29 September, 1804, and thence to the end of the then next session ofpar- 
Jiamapt. 

[27J This is a drawback (upbn exportation) of the duties, imposed by the 24 Geo. 
III. c. 53 ; and all wrought silver and gold plate intended to he exported must be 
taken to the assay-office, and there be stamped or marked with the figure of a Bri¬ 
tannia; but no boxes, cases, or dial-plates, of silver or gold for clocks or watches, 
may be exported without the movements made up lit for use, with the maker’s name 
engraved thereon. 

[28] Payable to the inhabitants of the Isle of Man, as well as to the inhabitants 
of Great Britain, by 26 Geo. III. c. 81. This bounty on white herrings is conti¬ 
nued, by 43 Geo. III. c. 69. § 111. till 25 March, 1804. 

[2P] This bounty is payable to the inhabitants of the Isle of Man, as well as to the 
inhabitants of Great Britain, by 26 Geo. 111. c. 81. 

[30] All these bounties on export of salted fish and provisions are by 38 Geo. HI. 
e. 89, continued; but the additional bounty on pilchards is by 39 Geo. III. c. 65, 
Continued; by which last act pilchards exported to the British West Indies or the 
Mediterranean, in casks of 32 gallons, or upwards, are entitled to bounty in propor¬ 
tion to the bounty payable for casks of 50 gallons. 

But no bounties are allowed upon any fish (except red herrings) that has been 
salted or cured with salt duty-free, under the provisions of theaetof 41 Geo. III. 
C. 21, continued. See the note Dn Salt, under the head of Excise-Duties. 




















BOUNTIES, PREMIUMS, Sec, 


109 


BOUNTIES, &c. 

Silk British manufactures hereafter-mentioned,-exported, the following 

bounties are to be allowed to June 24, 1808, 

--ribbons and stuffs of silk only; silk gauzes, | of the weight of 

which is allowed for gum; and silk crapes, 1 of the weight of 
which is allowed for dress — — p er avoird. 

-silk and ribbons ot silk mixed with gold or silver, per lb. avoird. 

' stockings, silk gloves, silk fringes, silk laces, stitching or sewing 
silk — — — — p er i 0 ' awoirdi 

Stuffs of silk arid grogram yarn — — per lb. avoird. 

-- mixed with incie or cotton — per lb. avoird. 

" - an d worsted -— — — per lb. avoird. 

Sugar refined, from sugar of the produce of the plantations, viz. • 

:- } hi loaves .complete and whop, and in lumps duly 

relined, if the average price of brown, &e. per cwt. 
shail not exceed 35s. [31J — — per c:vt. 

—-exceeding-35s. and not above 40s. per czvt. 

exceeding 40s. and not above 45s. per czvt. 

exceeding 45s. and not above 58s. per czvt. 

exceeding 58s. and not above 60s. per czvt. 

exceeding 6Us. and not above 62s. per cwt. 

exceeding 62s. and not above 64s. per czvt. 

exceeding b Vs. and not above 66s, per cwt. 

exceeding 66s. and not above 68s. per cwt. 

exceeding 6,3s. and not exceeding 70s. per cwt. 
if exceeding 70s. — — — — 

----> called bastard^ ground or powdered ‘sugar,loaf-sugar 

broken in pieces, and all sugar called candy, pro¬ 
perly refined, if the average price of brown, &c. per 


shall not exceed 45s. — — 

per czvt. 

1 

5 

0 

, exceeding 45s. and not above 58s. 

per cwt. 

i 

0 

0 

exceeding 58s. and not above 60s. 

per czvt. 

0 

18 

0 

exceeding 60s. and not above 62s. 

per czvt. 

0 

16 

0 

exceeding 62s. and not above 64s. 

per czvt. 

0 

14 

0 

exceeding 64s, and not abo 3 ;e 66s. 

per cwt. 

0 

12 

0 

exceeding 66s. and not above 88s. 

per czvt. 

0 

10 

0 

exceeding 68s. and not above 70s. 

per cwt. 

0 

8 

0 

if exceeding 70s. — — 

W m ' " 

nothing . 


£ s. d. 


0 3 
0 1 


0 
o 

0 1 8 

0 0 10 


2 0 0 
1 18 0 
1 16 0 
1 14 0 
1 11 0 
1 7 0 

1 4 0 

1 0 0 
0 17 0 
0 13 Q 
nothing. 


LAWS AND REGULATIONS. 

[31] Sugar.— If by notice in the London Gaze te, it shall appear that the average 
prices of brown or iVluseovacto sugar, taken for the four months preceding, did not, 
(on January, 5, M ay 5, and September 5/ 1803, respectively; exceed 70s. per czvt. 
exclusive of the duty of customs] the annexed bpunty corresponding with such, 
price in the Gazette, shall be paid, until another price shall be noticed on the 
Saturday preceding any other, of such subsequent days. These bounties, by 43 
Geo. III. c. 11. will continue to be paid on exportation, in British built ships, iu 
the p’ort of London until Jan. 5, and in other parts of Great Britain until Jan. 
15, 1804. 

In foreign ships, the bounty is one shilling and sixpence less per ew T t. for sugar in 
loaf, complete and whole, or lump duly refined; and one shilling less per cwt. for 
bastards, or refined loaf in pieces, &c. 

By 43 Geo. III. c. 68. § 20. The like bounty shall be allowed on the exporta¬ 
tion of sugar refined from sugar imported by. the fast India company, as from raw 
sugar imported from British plantations in America. 


BOUNTIES 











BOUNTIES, PREMIUMS, and ALLOWANCES. 

PART II. 

*+* The bounties contained in this part are such as are paid, for the encourage¬ 
ment of the several Fisheries, &c. and also upon the Importation of certain 
articles. 


BOUNTIES, &c. 


British White-Herring Fishery. 

The bounties hereinafter-mentioned are allowed annually, till 5 April, 
1804.—And these bounties are payable (by 41 Geo. Ill. c. 97.) as 
well to fishers and fish-curers in the Isle of Man, for all herrings 
landed in the said island, as to fishers residing in Great Britain, for 
herrings landed in Great Britain. 

To the owner of every British-built decked vessel of 15 tons or .upwards, 
properly equipped, viz. 12 bushels of salt, in new barrels, for every 
last of fish such vessel is capable of containing, and as many more 
mew barrels as sue L . r. :ps can carry ; also 25 0 square yards of netting 
for each ton of buss-measurement, with other materials customary 
for mounting the same; also 5 men for the first 15 tons, and one 
additional man for every 5 tons such ship shall measure; and to 
clear from a British port, where such vessel belongs, between the 
1st of June and the 20th of November ; to continue fishing for three 
months from the day the nets are first shot, (unless such vessel re¬ 
turn to port with a full cargo, taken w holly by the crew of such 
vessel) —* . — — — a bounty , per ton 

For every barrel of pickled herrings, twice packed, and completely 
cured, (and not exceeding in quantity the proportion of 2f barrels 
per ton, which the vessel in which such herrings are imported shall 
measure,) and which, during anyone year, shall be landed from any 
vesse. entitled to the preceding i ounty of 10s. a bounty of per barrel 

Exceeding the proportion of 2| barr* t» the ton — per barrel 
N. B. Quantity to be computed while in the sea-steeks, 4 barrels of 
which o be deemed equal to 3 barrels of cured herrings. 

Every vessel not being entitled to a bounty on her tonnage, a bounty 
is allowed ion her cargo, viz. for ali herrings u Rich shall be landed 
from any boat or vessel, not entitled as aforesaid — per barrel 


£ s. d. 


0 10 • 


0 2 0 
0 0 6 


0 1 0 


Brif’sh Deep-Sea "Fishery . 

To the owners of vessels employed in the Deep-Sea Fishery, and en¬ 
titled *:o the preceding bounties of 10s. per ton, 2s. and cd. per bar¬ 
rel, the following premiums are like wise given, viz. 

From ti e greatest quantity of herrings imported, in one vessel, be¬ 
tween the 1st of June and the 20th of November — — 84 0 ^ 

For the next greatest quantity — — — — 63 0 0 

For the next ditto — — — — — 42 00 

For the next, ditto — — — _ — 2100 

Vessels returning with less than their proper number of men, unless the default was 
occasioned by death, sickness, or desertion, and without a full cargo of herrings, are 
not entitled to a bounty. Py a subsequent act, 27 Geo. III. a full cargo of herrings 
is deemed to be in proportion as 4 barrels once packed to three barrels twice packed 
for every ton burthen. Ty the above subsequent act, all decked vessels, of not less 
than 15 tons, are entit’ed to the bounties of 20s. per ton, and Is. per barrel, mentioned 
by the act 26 Geo. III. before-recited, provided they take, in one year, in the Deep- 
Sea Fishery, the proportion of 6 barrels of herrings, when cured, for every ton bur¬ 
then; although they may not have fitted out with the quantity of nets, salt, and 

barrels, 






BOUNTIES, PREMIUMS, SCC, 


111 


BOUNTIES, &c. 

barrels required by the said act. If herrings are packed in casks, not branded with 
the name of the curer, such casks, with the" fish, are forfeited. 

Staves of barrels, in which herrings are packed for exportation, not being ^ inch 
thick, and full bound, are, together with the fish, forfeited. 

Masters of vessels not making a true entry of the quantity of fish, and where taken, 
at the port where they intended to land them, such ships and cargoes are forfeited. 

Salt, carried Coastwise for the purpose of fishery, unless bond and other securities 
have been given, as the act recites, such salt to be forfeited, with double its value, 
besides the duties. 

Officers, taking fees of any kind, forfeit treble the value, and to be discharged. 


£. s. d. 


Irish White-herring Fishery. 

By the acts of the Irish legislature, now in force, the owners of every 
vessel, being Irish property, who resort to the fishery of that king¬ 
dom, are entitled to a bounty — — — — per ton 

Viz. 10s. per ton on the vessel, and 20s. per ton on the cargo, and 
in proportion for any quantity of herrings they cure; whe¬ 
ther the same are caught by the ship’s crew, or purchased of 
the native fishermen. 


1 10 9 


Wiiaie-Fishery carried on in the Greenland Seas, and Davis’s 

Streigiits. 

For every ship or vessel which shall have proceeded on the said fishery, 
(the several provisions and directions relating thereto being complied 
with,) between Dec. 25, 1795, and Dec. 25, 1804, a bounty, per 

N. B. The acts which regulate this fishery are abstracted and ar¬ 
ranged in the Steel’s Skip- Masters' Assistant, published at the Navi¬ 
gation warehouse, Little Tower-hill. 


1 0 # 


Fishery on the Banks of Newfoundland 
The several bounties hereafter-mentioned, have been allowed annually, 
till 1st January, 1800, for a certain number of vessels employed in 
this fishery, under certain regulations and restrictions, as provided 
by law. viz. such British-built ships, fitted and cleared out (from , 
Great Britain and Ireland, and the British dominion in Europe, and 
owned by his Majesty’s subjects residing therein) after the 1st of 
January, 1787, and, after that day in each succeeding year, which 
shall proceed to the banks of Newfoundland; and, having caught a 
cargo of fish upon those banks, consisting of not less than 10,000 by 
tale, shall land the same at one of the ports on the north, east, 
©r south side of Newfoundland, between Cape St. John and Cape 
Raye, on or before the 15th of July in each year, and shalLmake 
one more trip, at least, to the said banks, and return with another 
cargo of fish, caught there, to the same port: in which case, 

The 100 vessels first'arriving at the said island at Newfoundland, from 
the Banks thereof, with a cargo containing as before-mentioned ; and 
after landing the same at one of the ports within the limits before- 
mentioned, in Newfoundland, shall proceed again to the said Banks, 
$nd return to tfie said island with another cargo, containing 10,000 









m 


BOUNTIES, PREMIUMS, &C. 


: 


BOUNTIES, &c. 

fish, as be fore-mentioned, and navigated with not less than 12 men ; 
shall be entitled to each vessel — — — — — 

--. if less than 12, and not less than 7 men, each vessel — 

But, provided any of the 100 vesselsso lir ,t arriving, shall be navigated 
by not less than 12 men, who go out on shares of the profits in lieu of 
wages, they shall be entitled to, each vessel — — — 

■-, if less than T2, and not less than 7 men' each vessel — 

The 100 vessels which shall so next arrive, under the same regulations 
and restrictions, navigated with not less than 12 men, shall be enti¬ 
tled to, each vessel — — — — — — 

--, if less than 12, and not less than 7 men, each vessel — 

But, provided any of the 100 vessels so arriving, shall be navigated by 
no less than 12 men, who go out on shares in lieu of wages, shall be 
entitled to, each vessel — — — — — — 

-, if less than 12, and not less than 7 men, each vessel — 

Salted or pickled salmon, or salted dry cod-fish, taken, and cured at 
Newfoundland, or the coast of Labrador, by British subjects, may 
be imported into G.reat Britain and Ireland, (by 41 Geo. III. c. 77, 
and 42 Geo. dll. c. 20,) till 24th June, 1808 ; and, upon such im¬ 
portation, there shall be paid, by 41 Geo. III. c. 77. until 1st August, 
1802, to the proprietor, per hundred weight or quintal —- 

•-•, and may be exported w ithout repayment of the said bounty. 

N. B. The acts which regulate this fishery, are abstracted and ar¬ 
ranged in Steel’s Ship-Master's Assistant. 


£. Ji d° 

40 0 0 

25 0 0 


50 0 0 
35 0 0 


.25 0 0 
18 0 -0 


.35 0 0 
21 0 0 


0 3 0 






Southern Wiiale-Fishery. 

The following premiums are allowed to Britisn-built ships or vessels, 
fitted out. between the 1st January, 1802, and the times hereafter- 
mentioned, under the regulations of the acts of 35 Geo. III. c_ 92, and 
38 Geo. HI. c. 57 ; viz. 

To each of four ships, cleared out between the 1st January and 31st 
December 1802, (and between the 1st January and 31st December 
in eachofthe years 1803, 18Q4, and 1805,) and which shall carry on 
the said fishery, to tie southward of the equator, and return before the 
1st December, in the year subsequent to that of clearing out, with 
the greatest quantity of oil or head-matter, not less than 20 tons in 

To each of four other such ships, arriving with the next greatest quan¬ 
tity, not less than 20 tons in each ship — — — — 

To each of four other such ships, arriving with the next greatest quan¬ 
tity, not less than 20 tons in each ship — — — — 

To each of four other ships, cleared out between the 1st January and 
81st December, 1802, (and between 1st January and 31st Decem¬ 
ber in the years 1803, 1804, and 1805,) and which shall proceed to 
the southward of the 36th degree of south latitude, there fish, and not 
return till alter 14 calendar months from the day of clearing out, but 
before the 31st December, in the second year after clearing out, 
with the greatest quantity of oil or head matter, not less than 20 

tons in each ship — — — — _ _ ‘ _ 

To one other ship, cleared out bet ween the 1st January and 31st De¬ 
cember 1799, (and between -the 1st January and 31st December, in 
each of the six succeeding years,) and which shall double Cape-Horn, 
or pass through the S( ref his of Mnerellan into the South Seas, and fish 
during four months to the westward of Cape-Horn, in those seas, or 
which shall double the Cape of Good Hope, and fish during four months 
to the eastward of 105 degrees of east longitude from London ; and 
not return till after 16 calendar months, from the day of clearing 
out., but. before the 31st of December, in the second year after clear- 


300 

200 

100 

* 


400 


0 0 
0 0 
0 0 


0 0 


‘ 3 











BOUNTIES, PREMIUMS, &C. 


113 


BOUNTIES, &c. £. s . d, 

mg out, • and having the greatest quantity of oil or head-matter, not 
less than 30 tons — — — — — — — 600 0 0 

To each of nine other such ships, arriving with the next greatest quan¬ 
tity, not less than 30 tons in each ship — — — — 500 0 0 

N. B. The acts which regulate this fishery, are abstracted and ar¬ 
ranged in Steel’s Ship-Master's Assistant. 


Hemp. 

Water-rotted, bright and clean, or flax rough and undressed, imported <£. s. d. 
directly from British colonies or plantations in America, until 
June 24, 1806 [31] — — — bounty, per ton 4 0 0 


[31] Upon landing any such-hemp for the bounty, the commissioners of the Navy 
■*tre to have the pre-emption or refusal; and if, within twenty days after such ten¬ 
der, the commissioners shall hot bargain fov the same, the importer may otherwise 
dispose of it. 



© 


DUTIES 



DUTIES PAYABLE UPON IMPORTS 


INTO 


GREAT BRITAIN AND IRELAND, 

From cither Country, respectively, in consequence of the Union o £ 
the Two Countries. 


T HE act of parliament, (39 and 40 Geo. III. c. 67 ,) which incor¬ 
porated Great Britain and Ireland into one empire, the 1st Ja¬ 
nuary, 1801, made material alterations in the duties, &c. payablt 
upon the commercial intercourse between those islands. These alte¬ 
rations are contained in the following article of the Union; viz. That 
it be the sixth article of Union, that his Majesty's subjects of Great' 
Britain and Ireland shall, from 1st January, 1801, be entitled to the 
same privileges, and be on the same footing, as to encouragements and 
bounties on the lir e articles being the growth, produce, or manufac¬ 
ture, of either country respectively, and generally in respect of trade 
and navigation in.all ports and places in the united kingdom and its * 
dependencies; and that, in all' treaties made with any foreign power, 
his Majesty’s subjects of Ireland shall have the same privileges, and be 
on the same footing, as his Majesty’s subjects of Great Britain. 

That, from 1st January, 1801, all prohibitions and bounties on the 
export of articles, the growth, produce, or manufacture, of either 
country, to the other, shall cease and determine ; and that the said ar¬ 
ticles shall thenceforth be exported, from one country to the other, 
without duty or bounty on such export. 

That all articles , the growth, produce, or manufacture, of either 
country, (not kercin-after enumerated as subject to specific dutiesJ, 
shall from thenceforth be imported into each country from the other, 
free from duty , other than such countervailing duties on the several ar¬ 
ticles enumerated in the Schedule No. I. A. and B. hereunto annexed, 
as are therein specified, or to such other countervailing duties as shall 
hereafter be imposed by the parliament of the united kingdom, in the 
manner hcrein-after provided ; and that, for the period of twenty years 
from the Union, the articles enumerated in the Schedule No. II. here¬ 
unto annexed, shall be subject, 011 importation into each country from 
thef other, to the duties specified in the said Schedule No. II. and the 
YOoIWhi manufactures, known h> the names of old end net» drapery , 

shall 






( 115 ) 

shall pay, on importation into each country from the other, the duties 
now payable on importation into Ireland ; salt and hops, on importa¬ 
tion into Ireland from Great Britain, duties not exceeding those which 
are now paid on importation into Ireland; and coals, on importation 
into Ireland from Great Britain, shall be subject to burthens not ex¬ 
ceeding those to which they are now subject. 

That callieoes and muslins shall, on importation into either coun¬ 
try from the other, be subject and liable to the duties now payable on 
the same on the importation thereof from Great Britain into Ireland, 
until the 5th January, 1808 ; and, from and after the said day, the 
said duties shall be annually reduced, by equal proportions, as near as 
may be in each year,, so as that the said duties shall stand at ten per 
centum, from and after the 5th January, 1816, until the 5th January, 
1821 ; and that cotton yarn, and cotton twist, shall, on importation 
into either country from the other, be subject and liable to the duties 
now payable upon the same on the importation thereof from Great 
Britain into Ireland, until the 5th January, 1808; and, from and after 
the said day, the said duties shall be annually reduced, by equal 
proportions, as near as may be, in each year, so that as all duties 
shall cease on the said articles from the 5th January, 1816',“ 

That any articles of the growth, produce, or manufacture, of either 
country, which are, or may be subject to internal duty, or to duty on 
the materials of which they are composed, may be made subject, on 
their importation into each country respectively from the other, to. 
such countervailing duty as shall appear to be just and reasonable, in 
respect of such.'internal duty or duties on the materials ; and that, for 
the said purposes, the articles specified in the said Schedule No. 1. A. 
and B. shall be subject to the (Mies set forth therein, liable to be taken 
off, diminished, or increased, in the manner herein specified; and that, 
upon the export of the said articles, from each country to the other 
respectively, a drawback shall, be given, equal in amount to the coun¬ 
tervailing duty payable on such articles, on the import thereof into the 
same country from the other; and that in like manner in future it 
shall be competent to the.United Parliament, to impose any new or 
additional countervailing duties, or to. take off or diminish such' ex¬ 
isting countervailing duties, as may appear, on like principles, to be 
just and reasonable in respect of any future or additional internal 
duty on any article of thts growth, produce, or manufacture, of either 
country, or of any new or additional duty on any materials, of which 
such article may be composed, or of any abatement of duty on the 
same ; and that when any such new or additional countervailing duty 
shall be so imposed on the import of any article, into either country 
from the other, a drawback, equal in amount to such countervailing 
duty, shall be given in like manner on the export of every such article 
respectively from the same country to the other. 

That all articles, the growth, produce, or manufacture, of either 
country, when exported through the other, shall in all cases be ex¬ 
ported subject to the same charges, as if they had been exported di¬ 
rectly from the country, of which they are the growth, produce, of 
manufacture. 1 

o 2 Tha^ 


( n6 ) 

That all dut}^ charged on the import of foreign or colonial good* 
into either country, shall, on their export to the other, be either 
drawn back, or the amount, (if any be retained) shall be placed to the 
credit of the country to which they shall be so exported, so long as the 
expenditure of the united kingdom shall be defrayed by proportionate 
contributions : Provided always, that nothing herein shall extend to 
take away any duty, bounty, or prohibition, which exists with respect 
to corn,[32] meal, malt, flour, or biscuit; but that all duties, bounties 
or prohibitions, on the said articles, may be regulated, varied, or re¬ 
pealed, from time to time, as the United Parliament shall deem ex¬ 
pedient. 


* 

♦ 


[32] By a subsequent act (42 Geo. III. c. 35. continued until 1 July, 1804.)— 
Whenever the average pricesof wheat, rye, barley, or oats, ascertained according 
to law, shall be under the prices following, viz. 



Wheat. 

Rye. 

Barley. 

Oats.' 


British. 

British. 

British. 

British. 

Under per quarter in ? 

s. 

s. 

s. 

s. 

Great Britain y 

54 

37 

27 

18 


then the same, or any flour, or meal thereof, may be exported from Great Britain 
to Ireland. And whenever the average prices of wheat, rye, barley, or oats. 


Under per barrel ) 
in Ireland ) 


Wheat. 


Irish. 

'€■' s. d. 

1 15 1U 


Rye. 

Barley. 

Oats. 

Irish. 

£ s. d. 

1 5 6* 

Irish. 

£ s. d. 

0 16 8f 

Irish. 

£ s. d. 

0 12 6|2 


then the same, or any flour or meal thereof, may be exported from Ireland to Grcat 
Britain. 

The above are the prices which affect the permission to export reciprocally from 
Grfeat Britain and Ireland; but it should be -observed, that the wheat, &c. so ex¬ 
ported, will be subject to the duty on import, reciprocally, according to the average 
price at the place of import. For such duties upou import into Great Britain, §ee 
the Custom Duties , in the general alphabet. 



SCHF.nULP 
























SCHEDULE, No. I. 


Articles to be charged with Countervailing Duties upon Im¬ 
portation from Ireland into Great Britain, and from Great 
Britain into Ireland, respectively,, according to the Sixth 
Article of Union. 

A. 

On Importation into Great Britain from Ireland. 

*** The duties to zvhich this character (+) is annexed, have been imposed by the 
Excise Consolidation Act, 43 Geo. III. c. 69. 


ARTICLES. 

BEER.—Irish beer, ale, or mum, imported into Great Bri¬ 
tain directly from Ireland — t per barrel of 36 gallons 

■ '■■■ -, and additional by 43 Geo. III. c. 81. 

until 12 months after the ratification 
of the definitive treaty of peace 

. per barrel 

Bricks and Tiles. — Irish bricks, not exceeding 10 inches 
long, 3 inches thick, and 5 inches 
wide — — per 1000 

-, exceeding the above dimensions 

%j>er 1000 

--, smoothed or polished on one or more 

sides, not exceeding 10 inches long, by 
5 wide — — lper 1000 

-, exceeding the above dimen¬ 
sions, pay duty.as paving- 
tiles. 

- , Irish plain tiles — — per 1000 

- Irish pan'or ridge — — per 1000 

-- Irish paving-tiles, not exceeding 10 inches square 

r 1000 

--,>— Irish paving-tiles, exceeding 10 inches square 

per. 1000 

- Irish tiles of any other sorts — per 1000 

Candles.— Irish candles of tallow, and other candles what¬ 
soever, (except wax and spermaceti) 

per lb. avoird. 

,- Irish candles, made of wax or,spermaceti 

per lb. avoird. 

Chocolate, See.— Irish cocoa, cocoa paste, or chocolate 

_ per lb. avoird. 

Cordage; viz. —To be used as standing-rigging, or other 
cordage made from topt. hemp per 20 czvt. 

- .— ■ of any other sort, cable-yarn, packthread, and 

' twine — • — — per 20 czvt. 

Cvder and Perry.— Irish cyder and perry, imported as 
merchandize,, or for sale — J per hogsk. of 63-gallons 
Glass. — Irish plate-glass — per sip. foot superji. 


Customs, Excise. 

£ s. d. £. s< d. 


0 IS 11 


- 0 4 11 

- 0 5 0 

- 0.10 0 

- 0 12 a 

- 0 k 4 10 

—— 0 1,2 10 

- 0 2 5 

- 0 4 10 

- 0 4 10 

- 0 0 1 

-- 0 0 3| 

+ . . 

- 0 2 0 

4 10 3 - 

4 4 4 —— 

- 1 0 0 

- o 2 21 

I Glas* 

























ns 


DUTIES ON IMPORTATION 


ARTICLES. 

-- Irish flint, enamel, stained, paste, or phial glass 

]<cr net. 

- Irish spread window-glass, commonly called broad- 

glass — — — — — per net. 

- Irish window-grass, (not being spread-glass,) whether 

flashed or otherwise manufactured, and commonly 
called or known by the name of rrozvn-glass, or 
German sheetglass — — — per net. 

- -Vessels made use of in chemical laboratories, and gar- 

deivgla'sses, and all other \cssels or utensils of 
common bottle-metal, manufactured in Ireland , 
common bottles excepted — — per net. 

.-Any sort or species of Irish glass, not herein-before 

enumerated or described — — per czvt. 

-- Bottles of common green glass — per doz. quarts 

Hops.— Irish hops — — — J per lb. avoird. 

Leather, unmanufactured.— Hides, of what kind soever, 
and calf-skins, kips, hog-skins, dog-skins, and 
seal-skins, tanned in Ireland, and sheep-skins 
and lamb-skins, so tanned for gloves and baziis, 
which shall be imported in the whole hide or 
skin, and neither cut nor diminished in any re¬ 
spect whatever — — per lb. avoird. 

— -Goat-skins tan, in Ireland to resemble Spanish 

leather —- — — — per doz. 

■-—■— Sheep-skins tanned in Ireland for roans, being- 

after the nature of Spanish leather per ad.;. 

:-All other hides or skins not before described, and 

all pieces and parts of hides and skins, which 
shall be tanned in Ireland — per lb. avoird, 
.Leather, unm anufactured.—H ides of liorses, mares, and geId - 
ings, dressed in alum and salt, or meal, or otherwise 
tawed in Ireland ■— — — per hide 

— Hides of steers, cows, or any other hides, of what kind 

soever, (those of horses, mares, and geldings, ex¬ 
cepted,) dressed in aluirrand salt, or meal, or other¬ 
wise tawedin Ireland — — per hide 

— Calf skins-, kips, and seal-skins, so dressed in. alum and 

salt, or meal, or otherwise tawed in Ireland, and im¬ 
ported into Great Britain, in the whole skin, neither 
cut nor diminished in any respect whatever 

per lb. avoird. 

— Slink calf-skirts, so dressed in alum and salt, or meal, or 

otherwise tawed with the hair on, in Ireland per doz. 

— Slink calf-skins; which shall be so dressed in alum and 

salt, or meal, or otherwise tawed without hair, in 
Ireland, ami dog-skins, and kid-skins, dressed in alum 
and salt or meal, or otherwise tawed in Ireland 

per doz,- 

-— Buck and doe-jskins, dressed in alum and salt, or meal, 
or otherwise tawed in Ireland, imported in’the whole 
skin, and neither cut nor diminished, in any respect 
whatever — — — per lb. avoird. 

— Goat-skins and heaver-skins, dressed in alum and salt, or 

meal, or otherwise tawed in Ireland — per doz. 

— Sheep-skins and lamb-skins, dressed in alum and salt, 

ermeal, or otherwise tawed in Ireland, and imported 
in the whole skin, and neither cut nor diminished in 
any respect whatever — — per lb. avoird. 

-— All other hides and skins, not before enumerated and de¬ 
scribed, and all pieces or parts of hides or skins. 


Customs. 
s. d. 


0 0 9 


Excise. 
£ s. £ 

2 5 6 

0 S 1 

1 9 9 

0 4 0$ 

2 2 0 
0 0 2 | 


0 0 1 $ 

0 4 0 
0 2 3 

0 0 6 

0 1 6 

0 3 0 

0 0 1 $ 
0 3 0 

0 1 0 

0 0 6 
0 2 0 

0 0 1 


dressed 
































INTO GREAT BRITAIN FROM IRELAND 


119 


ARTICLES. 

dressed in alum and salt, or meal, or otherwise taw'ed 
in Ireland ” — — — per lb, avoi/d. 

”7 “ Duck, dcei, and elk steins, dressed in oil in. Ireland , i(n- 
poi ted in thowhole skin, and neither cut nor dimi¬ 
nished in any respect whatever per If. avoir*!. 
— Sheep and lamb-skins, dressed in oil in Ireland 


per lb. avbird. 

*— All other hides and skins, and parts and pieces of hides 
and skins, dressed in oil in Ireland per ib. avoird. 

— 'Irish vellum — — -1- per dor,. 

— Irisk parchment — — —■ per dox. 

I. bather manufactured into goods and'zvarcs: 

— Tanned leather, manufactured, and actually made into 

goods or wares in Ireland — per lb. avoird. 
•—Irish- made boots aud shoes, and gloves, and other ma¬ 
nufactures made of tawed or dressed leather 

per lb. avoird. 

— Buck and deer skins, and elk skins, dressed moil, and 

manufactured into goods and wares in Ireland 


pei Ib. avoird. 

— Sheep and lamb-skins, dressed in oil, and manufactured 

into goods or wares in Ireland per lb. avoird. 

— All other hides and skins, not lUffore enumerated or de¬ 

scribed, dressed in oil, and manufactured into goods 
or wares iu Ireland — — per lb. avoird. 

Mead Or Metiiegun. — Irish mead or metheglin + per trail. 
Paver. —Irish paper of. th a first class: all paper, excepting 
brown, made, of old ropes or cordage, glazed paper 
for clothiers, or hotpressers, sheathing paper, button 
paper, or button board — * per lb. avoird. 

' — Irish paper of the second class : brown paper made of old 
ropes or cordage — — per lb. avoird. 

— Irish pasteboard, millboard, and scaleboafd, and glazed 

paper for clothiers and liot-pressers — +£■"'' ervt. 

— Books, bound or unbound, and maps or prints, imported 

into Great Britain directly from Ireland 

• ^ per lb. avoird. 

— Parchment. See Vellum. 

Printed Goods.— Irish printed, painted, or stained, papers, 
to serve for hangings or other uses per yard square 

- — t and additional by 41 Geo. III. c. 8. 

per yard square 

— Foreign calicoes and foreign muslins, printed, painted, 

stained, or dyed, in Ireland , (except such as. shall be 
dyed throughout of one colour,) over and above any 
duty of customs payable on the importation of fo¬ 
reign calicoes and muslins per yard of yard-xoille 
Irisk printed, painted, stained, or dyed, Irish-made ca¬ 
licoes, muslins, linens, and stuffs, made either of 
cotton or linen, mixed with other materials, fustians, 
velvets, velverets, dimities, and other figured stuffs, 
made of cotton and other materials, mixed or wholly 
made of cotton-wool, (except such as shall be dyed 
throughout of one colour only) per yard ofyard-icide 

— Irish printed, stained, painied, or dyed, Irish- made 

Stuffs, not before enumerated or described, (except 
such as shall be dyed throughout of one colour only, 
and except stuffs-made of woollen, or whereof the 
greatest part iu value shall be woollen 

per yard of yard wide 


Oust oms. 
s. d. 


Excise 

aS. S. (/, 
0 0 6 

0 1 0 

0 0 3 

0 0 6 
0 3 5 
0 1 8 

0 0 1 

0 0 l 

0 1 Q 
0 0 3 

0 0 G 
0 1 6 

0 0 3 
0 0 If 
1 1 0 

0 0 3 

0 0 1 * 
0 0 l 

• 

0 0 T 


0 0 

0 0 3*- 


/ 

































■ " ; '■ ■ ' 'V 

120 DUTIES ON IMPORTATION 


ARTICLES. 

Printed Goods. — Irish printed, stained, painted, or dyed, 
silks, (silk handkerchiefs excepted,) over and above any 
duty of customs payable on the importation of silk 

. per yard of yard-wide 

— Irish printed, stained, painted or dyed, silk handker¬ 

chiefs, (and so in proport.iong^or wide or narrow silk 
handkerchiefs.) over and above every duty of customs 
payable on silk — — per yard square 

Salt. — Irish salt, or Irish Glauber , or Irish Epsom salt 

per 56lb. avoird. 

— Irish rock-salt — — per bushel of 65lb. avoird. 

Silk.— Manufactures of ribbons, and stuffs of silk only 

per lb. of 16 oz. 

Note .—Two-thirds of the weight of gauze, and one-third 
of the weight of crape, is to be deducted for gum and 
dress. 

— Silk and ribbons of silk, mfcced with gold or silver 

per lb. 

— Silk stockings, silk gloves, silk fringe, silk laces, stitching 

or sewing silk — — — per lb. 

— Silk, manufactures of, not otherwise described per lb. 

— Stuffs of silk and grogramyarn — — per lb. 

— Stuffs of silk mixed with incle or cotton per lb. 

— Stuffs of silk and worsted — — per lb. 

— St uffs of silk mixed with any other material per lb. 

Soar.— Irish hard, cake, or bail soap per lb. avoird. 

— Irish soft soap — * — per lb. avoird. 

Spirits, British. —Spirits aqua viirr, or strong waters, dis¬ 
tilled or made in Ireland, and imported at a strength 
not exceeding one to ten over hydrometer-proof [33] 

% per gall. 

Starch.— Irish starch, or hair-powder, of what kind soever 

per lb. 

Sugars. — Refined; viz. called bastards, whole or ground [34] 

• per czvt. 


Customs. Excise. 

s. d. £. s. d. 

- 0 I If 

- 0 0 41 

- 0 10 0 

- 0 10 0 

0 5 0. - 


0 6 8 


0 3 0 
0 4 0 
0 1 2 
0 1 8 
0 0 10 
0 I 3 


0 0 2 £ 
0 0 If 


0 5 4 
O 0 


0 18 2 


[33] Spirits, above the strength of one to ten, will be charged in proportion : 

and, on sweetened or compounded spirits, the duty will be computed upon the high¬ 
est degree of strength, upon which such spirits can be made. Fdr the additional duty 
to be paid on spirits,- until twelve months after the ratification of the definitive 
treaty of peace. See Spirits, Irish, and Foreign, in the table of additional duties of 
Excise, hereafter. ’ 

[34] By the4S Geo. III. c. 154, the following additional countervailing duties of 
customs are also payable on refined sugar, of the manufacture of Ireland, imported 
info Great Britain, from the 15th of August, 1803 : viz. 


Bastards, whole or ground — 
lumps — — — 

Single loaf — —■ 

Powder loaf, and double loaf 
Sugar candy, brown. — 

- } white — 

Sugar refined, of any other sort 


per cwt. 

Additional 

Duty.* 

0 l' 10 

Farther 
Additional.^ 
(•) 4 0 

per czvt. 

0 3 5\ 

0 7 6 

per czvt. 

0 3 8 

0 8 0 

per czvt. 

0 3 11 

0 8 7 

per civi. 

0 3" 5l 

0 7 6 

per czvt. 

0 3 11 

0 8 7 

per czvt. 

0 3 11 

0 8 7 


The duties 4n the first column, marked (*)■ cease, by the act above-mentioned, to 
be payable with the former duties granted by the act for the consolidation of the 
custom-duties, (43 Geo. HI. c. 68,) viz : on the 25th of March, 1804; and those 
denominated further additional, (f) cease, after the expiration of 6 months from the 
end of the war, by a definitive treaty of peace, according to 43 Geo. III. c. 70.—So 
long as these additional duties continue payable, drawbacks equal to their'respective 
amounts, are to be allowed, from the 17th of August, 1803, ou tkeexportation to 
Ireland @f Refined Sugar of the manufacture of Gnat Britain . 


Lumps 












INTO GREAT BRITAIN FROM IRELAND. 



Customs. 


£. s. d. 

— per czvt. 

1 14 Of 

— per czvt. 

1 16 4 

— per czvt. 

1 19 1 

—j per czvt.' 

i i4. oi 

— per czvt. 

l-‘ 19 1 

—■* per \ 

1 19 1 


ARTICLES. 

— Lumps — — — 

— Single loaf — — % — 

— Powder loaf and double loaf — 

— Sugar-candy, brown — — 

— Sugar-candy, white — — 

— Sugar refined, of any other sort 

Sweets'.— Irish sweets, or other Irish liquor, "made by 
infusion, fermentation, or otherwise, from fruit or 
sugar, or from fruit or sugar mixed with any other 
materials or ingredients whatsoever, commonly 
called sweets, or called or distinguished by the name 
of matte-wines . — per barrel of 31| "all. 

- i -, and additional, (by 43 Geo. III. c. 81.) 

until 12 months after the ratification of a definitive 
treaty of peace — —...... per barrel 

Tobacco and Snuff. — Unmanufactured tobacco,, of the 
growth or produce of Ireland , over and above any 
duty of customs — — , per lb. .avoird. 

— Irish manufactured short cut tobacco, or tobacco manu¬ 

factured into what is commonly known by .the name 
of Spanish — —- per lb. avoird. 

— //-^-manufactured shag-tobacco per lb. avoird. 

— Iris ^-manufactured roll-tobacco- per lb, avoird. 

— Iris /^manufactured carrot-tobacco per lb. avoird. 

— Every other sort of ir iVj-manufactured tobacco, not be¬ 

fore enumerated or described per lb. avoir ’. 

— Iris mairufactured rappee snuff per lb. avoird. 

— Ins .^manufactured Scotch snulf per lb. avoird. 

— “Zris /.-manufactured brown Scotch snuff per lb. "avoird. 

— Itish ~manufactured tobacco-stalk-flour per lb. avoird.' 

— Every other sort or kind of //^-manufactured snuff, or 

snuff-work, not before enuinerateS or described 

: , . per Lb. avoird. 

— Tobacco, manufactured .. '— — per lb. 

Vellum and Parchment.—I rish vellum — J per doz. 

— -—-—-, Irish parchment +.P er 

Verjuice.— Irish verjuice —- per kogsTi. of 63 gall. 

Vinegar .—Irish vinegar — per barrel of 34 gall. 

Wire,— Irish -gilt wire — ; — — % peroz. troy 

— Irish silver wire — — — per oz. troy 

— Irish gold thread, gold lace, or gold fringe, made of 

plate-wire spun upon silk — per lb. avoird.' 

— Irish silver thread, silver lace, or silver fringe, made 

©f plate-\vir£ spun upon silk per lb. avoird. 


0 0 6A 


131 


Excise * 
£ s. d. 


2 2 0 


0 7 0 


0 1 1 


0 17 

0 I Si 
0 1 7 

0.1 ,51 

0 1 7 

0 l' 4 | 

o i id* 

0 1 3 $ 

0 1 9 


0 1 lot 


0 3 6 

0 1 9 

0 7 8 
0 12 8 £ 
0 0 10 
0 0 7 

0 7 8 

0 5 9 



























m 


ivtlts ON IMPORTATION 


B. 

On Importation into Ireland from Great Britain, 

*#* The Duties to which this character (f) is annexed have been imposed by the 

43 Geo. III. c. 92. 


ARTICLES. 

Beer, imported from <7 reat Britain — per barrel of 32 gall, 

- and additional — — f per barrel 

Glass Bottles — — — for each reputed quart 

Leather unmanufactured. —Every hide or skin, or piece thereof, of 
what kind or denomination soever, other than such as are herein¬ 
after described — — — — per lb. 

— Each hide of horses, mares, or geldings — — — 

*— All skins called veal-skins, and all skins of hogs — per doz* 

— Skins for shoes, and other like purposes, and all seal-skins per doz. 

— Skins for bookbinders’ use — — — per doz. 

—- Goat-skins tanned withshumack, or otherwise, to resemble Spanish 

leather, and all sheep-skins tanned for roans, being after the nature 
of Spanish leather — — per lb. avoird. 

'— Sheep and lamb skins tanned for gloves and basils, per lb. avoird. 
Leather dressed in Oil.— Every hide and skin, and piece thereof, other 
than such as are hereinafter mentioned or described, per lb. avoird. 

— Deer-skins, goat-skins, and beaver-skins — per lb. avoird. 

— Calf-skins — — — — per lb. avoird. 

— Sheep and Iamb-skins — — per lb. avoird. 

Vellum and Parchment. —For every dozen skins of parchment — 

— For every dozen skins of parchment — — — 

Leather manufactured into Goods and Wares. —For all tanned lea¬ 
ther manufactured into goods and wares, whereof leather is the most 
valuable part, the following duties ; viz. 

— Tanned leather, manufactured and actually made into goods and 

wares in Great Britain , of leather only, or of which leather makes 
the most valuable part — — — per lb, avqird. 

— Tawed or dressed leather, manufactured in Great Britain, as be¬ 
fore-mentioned — — — — per lb. avoird. 

— Buck and deer-skins, and elk-skins dressed in oil, and manufactured 

in Great Britain , as before-mentioned — per lb. avoird. 

•— Sheep and lamb skins, dressed in oil, and manufactured in Great, 
Britain^ as before-mentioned — — per lb. avoird. 

+~AU other hides and skins, not herein-before enumerated or de¬ 
scribed, dressed in oil, and manufactured in Great Britain, as be¬ 
fore-mentioned — — — per lb. avoird. 

Malt, British — — — (f) per barrel 

Paper.— Paper forwriting, drawing, or printing, and all elephant and 
cartridge paper — — — per lb. avoird. 

— Coloured whited-brown papers (except elephant and cartridge) for 

wrapping up. goods, and not for writing, drawing, or printing, and 
also except paper-hangings — — per lb. avoird. 

— Brown paper for wrapping-up goods, and not for writing, drawing, 

or printing — — — per lb. aVoitd, 

— Glazed paper for clothiers and hotpressers — per czvt. 

— Pasteboard, millboard, and scaleboard — per cwt. 

-— Every sort of paper, not before described, (except slieathing-paper, 

and button-paper or button-board, and paper-hangings) per lb. avoird. 
Stained-Paper.—P rinted, painted, or stained paper, for hangings or 
Other uses '— — — per square yard 

Books, bound or unbound, and maps or print s, imported into Ireland 
firom Great Britain — — per lb. avoird. 


Customs. 

£ s. (L 
0 4 6 

0 o 9! 

0 0 Of 


0 0 1 
0 1 0 
0 5 0 
0 2 6 

0 l 0 


0 0 I 

0 0 oi 

0 0 * 

0 0 3 
0 0 2 
0 0 Oi 
0 0 6 
0 0 3 


0 0 1 
0 0 1 
0 0 3 
0 0 Of 

0 0 2 
0 7 7 

0 0 2 | 

0 0 1 

0 0 Of 
0 5 0 
0 10 0 

0 0 2 | 

0 0 1 

o o a 
Cards. 






INTO IRELAND FROM QREAT BRITAIN. 


223 


ARTICLES. 

Cards. —Printed, painted, or playing cards, made in Greet Britain, 
And a farther duty of 2\'l. per pound weight — per pack 

Dice. —For every pair of dice made in Great Britain — — 

Wrought Plate.— Gold or silver plate, wrought in Great Britain and 
imported into Ireland — .— —» per os, troy 

Silk Manufacture —Silks of the manufacture of Great Britain, and 
imported directly thence, the following duties; viz. 

— Ribbons and'stuffs of silks only — (f) per lbs of 16 oz. 

— Silk and ribbons of silk, mixed with gold or silver (f ) per lb. 

*— Silk stockings, silk gloves, silk fringe, silk laces, stitching and sew¬ 
ing silk — — — — (f) per lb. 

— Manufactures of silk, not otherwise enumerated or described, 

(t) P er 

— Stuffs of silk and grogram yarn — — (f) per lb. 

— Stuffs of silk mixed withincle or cotton *— — (f) per lb. 

— Stuffs of silk and worsted mixed — — (f ) per lb. 

— Stuffs of silk mixed with any other material — (f) per lb. 

Spirits.— Spirits of: the manufacture of Great Britain, and imported 

thence — — — — per gall, 

-- and additional — — — (f) per gall. 

Sugar, refined, the manufacture of Great Britain, and imported di¬ 
rectly thence, the following duties; viz. [35] 

— Bastards , white or ground — — — (f) per cwt. 

— Lumps — — — — (f) per cwt. 

— Single loaf-sugar — — — — (f) per cwt. 

— Powder-loaf and double loaf — — — (f) per cwt. 

— Sugar-candy, brown — 4 — — (f) per cwt. 

— Sugar-candy, white — — — (f) per cwt. 

— Sugar refined of any other sort — — (f) per cwt. , 

»— Sweets. —British sweets, or other British liquor made by infusion, 

fermentation, or otherwise, from fruit or sugar, or from fruit or sugar 
mixed with any other material or ingredients whatsoever, commonly 
called sweets , or called or distinguished by the name of made-wines , 

per barrel of 32 gall. 

Mead or Mittheglin — — — per gall, 

Vinegar — — - —- per barrel of 32 gall. 

Tobacco and Snuff.—U nmanufactured tobacco of the growth or pro¬ 
duce of Great Britain, over and and above any duty of customs now 
payable — — — — per lb. avoird. 

— -B/v'/wA-manufacfeured short-cut tobacco, or tobacco manufactured 

into Spanish — — — *— per lb 

— ^-manufactured shag-tobacco, cut — — per ib, 

— -Br/'/wA-manufactured roll-tobacco — — per lb. 

— Br ///.^-manufactured carrot-tobacco — — per lb, 

— Brit .-^-manufactured tobacco, not herein-before enumerated or 

described — — — — per lb. 

— -B/v/isA-manufactured rappee-snuff — — per lb. 

~~ B/■^^-manufactured snuff called Scotch snnjf —- per lb. 

— B/-///'.^-manufactured snuff called brown Scotch snuff, per lb, 

— B/-///'^-manufactured stalk-flour — 7 — per lb. 

— Br/'/w^-manufactured snuff, or snuff-work, not herein-before enu¬ 
merated or described - 1 — — —* — per lb. 


Customs. 

£ s. d- 

0 1 $ 

0 10 0 

0 0 6 


0 2 6 
0 3 4 

0 1 6 * 


2 

1 5 * 

0 l()i 
0 5 


0 
0 
0 
0 

0 0 'll 


0 3 7 
0 0 lOf 


3 10 

4 8 | 



0 10 
0 0 
0 3 


0 0 5 

0 1 0* 
0 0 11 
0 1 Oi 
0 0 11 * 



0 1 4 


[35] For the additional drawbacks allo ved on the exportation to Ireland of re¬ 
fined sugar, the manufacture of Great Britain, see note [34] on reined sugar of 
Ireland imported into Great Britain. 


P2 


SCHEDULE 










I 



SCHEDULE, No. IE 

Articles charged with the Duties specified, upon Importation 
into Great Britain- and Ireland respectively, according to 
the Sixth Article of Union. 


ARTICLES. 

Apparel; brass wrought, cabinet-ware, coaches and other carriages; 
'copper, wrought; cottons, other than caiiiooes and muslins; glass; 
haberdashery; hats; tin plates, wrought iron and hard ware; gold 
and silver lace, gold and silver thread, bullion for lace, pearl, and 
spangles; millinery; paper stained; pottery; sadlery and other 
manufactured leather; silk manufacture; stockings; on importation 
into Great Britain or Ireland respectively, from either, 

per cent. ad. val. 

Callicoes, plain (imported into either country from the other till 5 Ja¬ 
nuary, 1808) — — — — per cent, ad val. 

-, and additional — —- per yard 

- 1 -, printed, painted or stained ''imported into.either country 

from the other till 5 January, 1808) — per yard. 

■Coals (imported into Ireland from Great Britain) — per ton 

■ -, additional if into the port of Dublin — — per. ton 

Corn [36 J 

Cotton tw ist (imported into either country from the other till 5 Ja¬ 
nuary, 1808) — — —. per cent, ad val. 

-yarn.(imported into either country from the other till 5 Ja¬ 
nuary, 1808). — — — per 112 lbs. 

Drapery, (imported into either country from the other,) viz. [37 J 

—:—r—-old-drapery , — * — —- — per yard 

-, new drapery — — — per yard 

Hops (imported into Ireland from Great Britain) — per 112 lbs. 
Muslins, plaiu white (imported into either country from the other till 
5 January, 1808) — — per square yard 

— --, worked’or figured, but not printed or stained (imp. into either 

country from the other till 5 January, 1808) per cent, ad val , 

— -*-, and additional — — per square yard 

Salt, white (imported into Ireland from Great Britain) per busjiel 

■ -, rock (imported into Ireland from Great Britain) per ton 


Customs. 
£ s. d. 


10 0 0 

1214 1 
0 0 8 

0 1 4 

0 10 If 
0 1 0 


12 14 1 

1 6 Of 

0 0 8f 
0 0 2f 
1 6 8 

0 1 0 

12 14 1 
0 0 8 
0 2.0 
3 0 0 


DUTIES, &c. 

[36] As to corn, see before, page 113, 

[37] All manufactures'made of wool, which arc milled in the tuck-mill or other 
machine, whether twilled or plain, as coatings, cassimeres, kerseys, druggets, Ger¬ 
man serges, ratteen, and such like, by whatever particular name now denominated, 
shall fall under the description of, and pay duty as, old drapery. 


/ 


A TABLE 















A TABLE 


OP THE 

ADDITIONAL DUTIES of EXCISE 

granted by 43 Geo, 'Ilf. c. 8b and which are payable In 
Great Britain, from the 5th or July, 1803, until twelve months 
after the ratification of the definitive treaty of peace. 


BEER, ALE, or MUM. — Irish beer, ale, or mum, imported into 
Great Britain directly from Ireland [GS’J 

per barret of 36 English gallons 
Malt, made in England from bailey or any other grain " per bushel 

* -, made in Scotland, from barley or any other grain, except 

beer or bigg- — — — ' — per bushel 

- -, made in Scotland, from beer or bigg only, without any mix- 

of barley or of any other grain — — per bushel 

1'ur the ne o r guiations, die. under rrhich malt shah be 
made in Seotlundfrombeer t bi ’g, fyc. dee 43 G p o. lil.c. {45. 

-, brought from Scotland into England, without a certilicate 

that it hath paid the full duty of two shillings per bushel, as 
rnait made in England, to be paid down by the person briug- 
ingthe same, upon entry with the propeV officer, at the port 
into whi ii it shall be brought, before the landiug thereof, in 
case the same he brought by sea, or with the proper officer in 
the towns of Berwick or Carlisle, in case the same be brought 
by land — — — — pe r bushel 

-, ground or unground, made of barley, or any other grain, be¬ 
longing to any maker, seller, or retailer, of malt, brewer, 
distiller, innkeeper, rich alier, or vinegar maker, which 
shall be either in bis custody or possession, or in Hie custody 
or possession of any other person or persons whatever, in 
trust, or for his or their use, benefit, or account, in Great Bri¬ 
tain, on the 5th of July, 1303 — per bushel 

Spirits, British ; viz: 

* - * -, wort or wash, brewed or made for extracting spirits in 

England for home comsumption, from any malt, corn, 
grain, or tilts, or any mixture therewith per gallon. 

* -, cyder or perry, or any other wash or liquor, brewed 

as aforesaid, from any British materials, (except such 
as are before mentioned) or any mixture therewith, 
for extracting spirits for home consumption per gallon 

-, wort or wash brewed, as aforesaid from melasses or 

sugar, or any mixture therewith, for extracting spirits 
for home consumption — — per gallon 


Duty. 

.1. s. d. 

0 4 11 
0 2 0 

0 2 0 

0 1 4 


0 0* 


0 2 § 

0 0 5| 

0 0 S 

0 0 % 


[38] Beer, or ale. instead of being, as by former acts, deemed strong beer or ale, 
when sold at more than 16s. per barrel, are, during the continuance of these additional 
duties to be so deemed, when sold at more than 18s. per barrel. 

The additional draxobaeh, allowed, by the act, of which this is an abstract, on the ex¬ 
portation of strong beer or ale made in Great Britain, after the 5th July, 1803, not 
being twopenny ale, described in the treaty of union with Scotland, is, per barrel, 
4s. lid. 


British 



















126 


ADDITIONAL DUTIES OF EXCISE. 


/ 



Spirits, British, wash brewed as aforesaid fromforeign refused wine, or 
foreign cyder, or wash prepared from any foreign ma¬ 
terials, except melasses and sugar, or any mixture 
, therewith, for extracting spirits for home consump¬ 
tion — — — — — per-rati. 

- -wash, made by sir William Bishop and Co. or sur¬ 

vivors, at Maidstone, for every 1‘20 gallons thereof 
produced from 1121bs. of corn, including the bran 

-, \tash, in the possession of sir William Bishop and Co. 

or survivors, of which 30 gallons shall be found to pro¬ 
duce more than two gallons and t of spirits, at the 
strength of one in six under hydrometer proof per gall. 

--—, spirits, one to ten over hydrometer proof, (and so in 

proportion according to the strength) made in Scot¬ 
land. for consumption in Scotland, not exceeding the 
number of gallons of spirits limited to be distilled in 
each still, respectively, ovef and above the duty on 
the still, (hereafter-mentioned) and on the wash 

per gall. 

-- worts or wash brewed in Scotland, (except in the High¬ 
lands) for extracting spirits for consumption in Scot¬ 
land, from malt, corn, grain, tilts, cyder, or perry, 
or other worts, wash, or liquor made from British 
materials, or any mixture therewith — per gall. 

-■, worts, or wash brewed in Scotland, for extracting 

spirits for consumption in Scotland, from melasses or 
sugar, or any mixture therewith, or from foreign re¬ 
fused wines, or foreign cyder, or wash prepared from 
foreign materials — — — per gall. 

- -, spirits of a strength not exceeding that of one to ten 

over hydrometer proof, and in proportion for any 
higher degree of strength distilled in England, and 
imported thence into Scotland — per gall. 

- --—-, manufactured in Scotland, 

and brought from thence into England per gall. 

-, such spirits as last aforesaid of a greater strength than 

one to ten over hydrometer proof, and not exceeding 
three per centum above one to ten over hydro¬ 
meter proof — — — per gall. 

and also a further proportional duty according to 
the strength in which such spirits shall exceed the 
strength of one to ten over hydrometer proof, 
Spirits, Foreign, single rum, spirits, or aqua vitae, of the British 
Plantations in America, imported into Great Britain 

per gall. 

-, mm, spirits, or aqua vitae, above proof, of the pro¬ 
duce of the British Plantations in America, im¬ 
ported into Great Britain — — per gall. 

-. single mm, spirits, or aqua vitas, imported by the 

East India Company — — per gall. 

- -, rum, spirits, or aqua vitas, above proof, imported 

by the East India Co. — — per gall. 

- -, single brandy, spirits, aqua vitas, or strong waters 

of any sort, other than such rum, spirits, or aqua 
vitas, asaforesasd, imported into Great Britain, not 
being Irish spirits, imported directly from Ireland 

per gall, 

--, brandy, spirits, aqua vitas, or strong waters, above 

proof, other than as aforesaid, imported into Great 
Britain, not being Irish spirits, imported directly 
from Ireland — — —> per gall. 


Duty. 
£ s. d. 


0 0 II 

0 15 0 

0 0 6 

0 0 5 

0 0 11 


0 0 1 * 

0 2 0 
0 2 5 

0 2 5 


0 3 5| 

0 6 8 
0 3 9 
0 7 3 


0 4 2 | 

0 8 


Spirits 



















additional duties of excise* 


127 


Sritirts, Irish, imported.— Spirits, aqua vitae, or strong waters, dis¬ 
tilled or made in Ireland, and imported into Great 
Britain, at a strength not exceeding one to ten over 
hydrometer proof — — —. per gal/. 

And also, if above the strength of one to ten over 
Hydrometer proof, a duty in proportion to the last 
mentioned duty, and for and upon all such of the 
said spirits, as shall be sweetened or compounded, 
a like duty, computed upon the highest degree of 
strength, at which such spirits can be made. 
STilts, Scotch, for every gallon, English wine measure, of the cubical 
content of each still, (including the head and every 
part thereof, and of any horn, pipe, tube, or other 
apparatus therewith connected, as high as the steam 
can ascend, and until the top of the head shall turn 
downwards, and form an angle of forty-fiv e degrees, 
which shall be used for the following purposes) viz : 

For distilling low wines or spirits, for consumption in 
Scotland, from corn, grain, malt, tilts, cyder, or perry, 
or other wash or liquor, brewed from any sort of Bri¬ 
tish materials, or any mixture therewith, in Scotland, 
(except the Highland district) [39] per arm. 

For distilling of the same from melasses or sugar, or any 
mixture therewith, in any part or place in Scot¬ 
land [40] — — — — per arm. 

For distilling the same from foreign refused wines, or 
foreign cyder, or wash prepared from, foreign matc- 
riats, (except melasses or sugar) or any mixture 
therewith, in any part of Scotland [41] per aim. 

For rectifying, compounding, or mixing in any part of 
Scotland, any kind of spirits or strong waters, for con¬ 
sumption there — — — 1 per arm, 

—■——-, for every gallon, English wine measure, of the cubical 

content of every still, including the head and every 
part thereof, and of any horn, pipe, tube, or other 
apparatus therewith connected, as high as the steam 
can ascend, and until the top of the head turn down¬ 
wards, and form an angle of forty-live degrees, which 
shall be used in distilling spirits in the Highland Dis¬ 
trict, for consumption in the said HighiandDistrict 
only, from barley, beer, or bigg, of the growth of the 
same, the cubical content of such still, not being less 
than thirty, nor more than forty gallons [4 2] per ann. 


Duty. 


0 2 10 £ 


54 0 a 

335 0 0 

380 0 0 
54 0 


3 5 0 
Stills, 


[ 39 ] This license duty extends to permitting not more than two thousand and 
twenty five gallons of spirits, for every gallon of cubical content of the still, in one 
vear, of the strenguh of one to ten over hydrometer proof. 

[40] This license duty extends to permitting not more than four thousand and 

fifty gallons <f spirits, for every gallon of cubical content of the still, in one year, 
•f the above-mentioned strength. * 

[41] This license duty extends to permitting not more than three thousand six hun¬ 
dred and forty-five gallons of spirits, for every gallon of cubical content of the still, 
in one year, of the above-mentioned strength. 

[42] This license duty extends to permitting not more than fifty-two gallons of ' 
spirits, for every gallon of cubical content of the still, in oiie year, of the strength 
of one to ten over hydrometer proof. 

If more than Ihe licensed quantities (specified respectively in notes 39, 40, 41, 
and 42) be distilled in one year ; then the surplus quantities pay the following duties, 
over and above the license duties j viz ; if distilled from corn, grain, malt, oi ''Bri¬ 
tish materials, Is. 6 d. per gallon ; if distilled from melasses or sugar, 2sr 4§ per 
gallon ; if distilled from other foreign materials, 2 s. 10 | per gallon. 


I 









128 


ADDITIONAL DUTIES OF EXCISE. 


Stills, Scotch, for every gallon, English wine measure, exceeding 
forty gallons, of the cubical content, every such still 
which shah be so used by, or be -in the possession of 
such licensed person witinn the Highland District, of, 
larger dimensions than the above, the surplus not 
being more than three gallons over and above the said 
forty gallons — — — — per (inn. 

Sweets, or Made-.Vines, which, after the o h day of July, 1803, 
shall be made in (Heat Britain for sale by infusion, 
fermentation, or otherwise, from fruit or sugar, or 
from fruit or s gar mixed with any other ingredients 
or materials whatsoever — — per barrel 

__-—.—, sweets or made wines, of Irish manufacture, imported 

directly from Ireland into Great Britain per barrel 
Tea.—T ea, which, ftvin the 12th of June, 1803, shall be sold in Great 
Britain, by the East India Company, to be computed upon the 
gross prices, at which such tea shall be sold, and paid by the pur¬ 
chasers to the company, and by the company to the commission¬ 
ers of excise — — — — per cent, till val. 

-, Drawback on exportation, the whole of the above duty. 

Wine, French, imported into Great Britain, for which all the duties 
chargeable thereon, have not been paid before,the 
13th day of June, 1803, or which, on the 12th of 
June, 1803, shall be remaining in any warehouse, and 
under the locks of the officers of the customs of excise 
, ' <s per tan 

-, all other wines, not being French, imported into 

Great Britain, for which all the duties chargeable 
thereon, shall not be paid before the 13th of June, 
1803, or which on the 12th of June, 1803, shall be 
remaining in any warehouse, a.c. under the locks of 
the customs or excise, or in any warehouse in which 
the same shall be deposited, under an act of the 41 
Geo. III. intituled, “ An act to permit Portugal wine 
to he landed and warehoused without payment of du¬ 
ties, under certain restrictions, for a limited time” 

per tun 

Wi*es. French, found on the first actual survey, after the 12th 
of June 1803, in the stock, or possession of any 
dealer in, or seller of, foreign wine — per tun 

-, all other wines, (not being French) found on the first 

actual survey, after the 12th of June 1803, in the 
stock, or possession of any dealer in, or seller of, fo¬ 
reign wine — — — — per tun 

Drawback on all foreign wine, exported from the 
entered stock of any dealer, the whole of the 
foregoing duties. 


Duty. 

of. s. (/. 


1 


4 15 0 

0 *V 0 
0 7 0 

45 0 0 

18 0 0 

12 0 0 
18 . 0 0 

12 0 0 


If the due quantities computed be not produced, according to the foregoing annual 
rates, the fo lowing duties are to be paid for deficiencies', if the quantity of spirits 
computed at the strength of one to ten over hydrometer proof, and charged with the 
duty of three-pence per gallon, for every gallon deficient three-pence. And 
likewise, 

' If distilled from British materials, and eleven gallons of spirits shall not be pro¬ 
duced from every hundred gallons of wash, (or in the Highlands six gallons) for 
every gallon deficient yd. 

—l—If from molasses or sugar, twenty-two gallons of spirits of the same strength, 
he not produced from one hundred gallons of wash, for every gallon del cient. one 
shilling and ten pence halfpenny. If from any other foreign materials, twenty gab¬ 
ions of the same strength be not produced from one hundred gallons of wash; for 
every gallon deficient, 2s* 4d. The Duties 














* 


THE 

DUTIES 

O F 

Seavage, Package, Baillage, and Portage, 

PAYABLE TO THE CITY OF LONDON, 

FOR ALL THE GOODS AND MERCHANDISE OF ALIENS, OR 
OF DENIZENS, BEING THE SONS OF ALIENS . 


For the more certain and better levying and collecting the Duties of Package and 
Scavage, &c. the Mayor and Commonalty, or their proper Officers or Deputies, 
may by all lawful Ways and Means compel Persons, suspected of any Conceal¬ 
ment, Colourings, or Frauds, to,take their Oaths upon the Holy Evangelists. 


The Scavage-Rates Inwards for all Goods and Merchandise imported 
from Part's beyond the Seas , belonging to Aliens, or Denizens, being the 
Sons of Aliens . ' 

The Commodities which are marked thus * are liable to this Duty, though 
British Property, if imported in any other than British Ships legally navigated. 


a s - d - 

Alum - per 112 ib. 0 2 

Andirons, See Brass. 

Annotto - - per 100 lb .0 4 

Apples and Pears, per little barrel, 0 If 
♦Aquse Vihe - .per hhcl. 0 C 

Argol, white or red • per 112 lb. 0 1f 

♦ Ashes, pot - per 112 lb. 0 Of 

Babies’ Heads - per doz. 0 Of 
Bacon - - per 112 lb. 0 3 

Band-strings - per doz. knot'-, 0 Of 

♦Balks, great - per 120, 1 6 

———, under 8 inches, per 120 , 0 9 

— - , under 5 inches, per 120, 0 4 

Barilla, or Saphora ,per bar. of 2 cxot. 0 4 

* Barlings - - per 120, 0 4 

♦Barley - - per quarter , 0 Of 

Basket-rods - per doz. bundles , 0 4 

Bast ropes - - per 112 lb. 0 Of 

Battery, bashrones, or kettles, 

per 112 lb. 0 6 

♦Beans - - - per qr. 0 Of 

Beef - - per barrel, 0 1 

Bell-metal - - per 112 lb. 0 2 

Bermilians. See Fustians 
Blacking, or lamp-black,per 1120 3 
Bottles of all sorts - per doz. 0 Of 
♦Boards; Barrel-board;, per 1000, 0 4 

— -Clap-boards, per 120, 0 1 

— . — —Pipe-boards, per 120, 0 1 

Boratoes, or bombazines, viz. 

. ■ Narrow, per single piece 

not above 15 yards , s 0 2 
r, m ,. Broad, per single piece not 

above 15 yards, 0 3 


s. d. 

Books,unbound,per or maund 0 8 

*Bow-staves - - per 120, 0 2 

Brass Andirons, laver-cocks, cha¬ 
fing-dishes, and all other brass 
or latten wrought per 100 lb. 0 3 

Brimstone - - per 112/6. 0 Of 

Bristles - - per doz. lb. 0 Of: 

Buckrams, viz. 

-of Germany., per dot. pieces , 0 3 

— : —of France, per doz. pieces, 0 2 

Buftins, Liles, or Mocadoes, viz.. 

——Narrow, per single piece, not 

above 15 yds, 0 1 

-Broad, per single piece , not 

above 15 yds, 0 2 

Bullrushes - - per load, 0 1 

Burrs for mill-stones per 100, 0 3 

Butter - - per 112 lb. 0 1 

Cable-ropes for cordage, per 112 lb. 0 1 

Cabinets, viz. great per piece, 0 2 

- - -small per piece, 0 1 

Caddas, or cruel ribbon, per doz. 

pieces, each of 36 yards, 0 t 

Candlewick - per \\2 lb. 0 1 

Candles of tallow per doz. lb. 0 0* 

Capers - - per 100 lb. 0 2 

♦Capravens - - per 120, 0 3 

Cards, viz. 

- Playing, per \2 doz. packs, 0 2 

- Wool-cards, per doz. pair, 0 0 £ 

Carpets, viz. - • 

-Turkey, Persia, East-India, 

and Venice, long per piece, 0 6 

—of same or like sort,short per piece 0 4 

a Carpets 














2 


KATES OF S C A V A G 


Carpet? of all other sorts, per piece , 0 
Cases, viz. for looking-glasses, gilt, 
from No.3 to No. 10 ,per doe. 0 
— the same ungilt - per doz. 0 
Catlings.. See Lutestrings. 

Chainlets, mohairs, and Turkey 

- per 1 hyds. 0 
- per 112 / 6 . 0 

per 11 $ lb. 0 


grog rams 
Cheese 

Cherries • 

Cloth, viz. 

— French Walloon per 20 yards , 

— Scarlet - - per yard, 

Cochineal, viz. 

— Silvester, or Campechca, per lb. 

— of all other sorts - per lb. 
Combs of box or light wood pr\2dz. 
Copper bricks or plates, round or 

square - * per 112 / 6 . 

Co peras - - per 112 lb. 

Coral, rough or polished per 2| lb. 
Cordage.. See Cable Ropes. 

Cork ... per 112 / 6 . 

— for shoemakers per doz. pieces, 
Corn. See Barley , Beans , Malt r 

Oats , Peas, Rye, and Wheat, 
respectively. 

♦Deal Boards, of all sorts, per 120 
Dogs of earth - per 12 doz. 
Durance, or Duretties, viz. 

— with tlurcad - per 15 yds. 
—’with silk - per lb yds. 
Drugs, viz. 

— A ubergris - per oz. 

— Aloes Socotorina - per lb. 

— Barley, hulled - per 112 lb. 

— Carraway and cummin seeds, 

per 112 . 6 . 

— China roots - per 100 lb. 

— Civet - - per oz. 

— Coral. See in C. 

— Frankincense. See in F. 

— Gum Arabic. See in G. 

— Gum Armoniac - per 100 / 6 . 

— Musk - per oz. 

-Cods - per doz. 

— Quicksilver. See in Q. 

— Saunders, white or red,perl 00 / 6 . 

— Treacle, common, per 100 lb. 

— T■ r; en ine,common, per 112 lb. 

Earthen ware, called tiles,. See in T. 
Feathers for beds per 11.2 lb. 
Fish, v Cod-fish per 120, 

— .— Cole-fish per 120, 

- — . - E U per ban c', 

. - — Quick, per ship load, 1 


0 

0 

0 

0 

0 

0 

0 

G 

O 

0 


Ling 

per 120 , 

0 

L ub-fi?h 

per 120 , 

0 

Croplings 

per 120 , 

0 

Titling 

per 120 , 

0 

Sturgeon 

per firkin, 

0 


per keg, 

0 

Salmon 

per barrel. 

0 


per 112 / 6 . 
— -. - dressed or wrought,per 112 lb. 
Flocks - - -per 112 lb. 


0 


Frankincense - per 112/6. 
Furs, viz. 

— Beaver Skins - per piece 

— Beaver’s bellies or wombs, pr doz. 

— Budge, tawed or untawed,prl00 

— Fox-skins - - per 100 

Foyns, without tails per dot. 

Fustians, viz. 

■Bermillians, per piece, or two half- 
piecesoflbyards each half-piece , 

— Naples, fustian, tripe, or velure, 
per piece oflb yards. 

Galley-dishes - per 12 doz. 
Galls - - per 112 lb. 

Glass, viz. 

— for windows per chest or case, 
—Venice drinking-glasses, per doz. 

— Looking-glasses, viz. 

Halfpenny-wareper 12 doz. 
Penny-ware per 12 doz. 

of steel, small, per doz. 

■—large - per doz. 


-of crystal, small, under No. 6, 
per doz. 

.. ■■ Vx.7,8,9,10 ,per doz. 

—— -middle sort, No,6, 

per doz. 
- No. 11 , & 12, per doz. 


s 

0 

0 

0 

0 

0 

0 


— Stone-plates for spectacles, pr dz. 

— Plates, or sights, for looking- 
glasses imfoiled, viz. 

•of crystal, small, under No. G, 
per doz. 

—— No. 6 , per doz. 

— No. 7, 8,9, 10, per doz. 

-A T o. 11, 12, per doz. 

Glovesof Spanish leather, p. 12 pair 
Goats’hair - - per 100 / 6 . 

rain, for dyers, viz. 

— of scarlet powder - per lb. 0 

— of Seville in berries and grains 
of Portugal or Rotta, per lb. 0 

Grocery, viz. 

— Almonds - per 112 lb. 0 
— Anniseeds - per 112/6. 0 

Cinnamon - per 100 lb. 1 

-Clove* - - per 100/6. 1 

—^Currants - per 112 lb. 0 

— Dates - - per 112/6. 0 

"Figs - - per 112/6. 0 

2 —Fusses of cloves- per 100 lb. 0 
4 —Ginger - - per 100/6. 1 

1 —Liquorice - per 112/6. 0 

1 — Mace - - per 100 lb. 2 

0 —Nutmegs - per 100 lb. 1 

6 —Pepper - - per 100 / 6 . 0 

6 — * Prunes - per 112 lb. 0 

2 —*Raisins, great, or Malaga, per 

1 112 / 6 . 0 
0 § ■ —— of the sun per 112 lb. 0 

1 —Sugar, refined per 112/ 6 . 0 
0| ———Candy per 112 lb. 0 

U- - — Muscovarioes, and white, 

14 per 11.2 lb. 

4 Grocery: Sugar, St.Thome and 
9 Panel les, - per 112 lb. 


n 

o* 

4 

2 

4 

H 


0 2 


2 

1 

2 

3 

05 

01 

01 

Oh 

1 

1 

4 

2 

6 

04 


Of 

1 

o 

0 . 

G 

0 | 

0 | 

3 
2 

0 

G 

2 

4 

1 
8 
0 
II 
0 
6 
6 
1 

1 

2 
10 

8 


0 4 

0 2 
Grogram 





























3 

5. d. 


RATES OF SCAVAGE. 


5 . Ci. 


Grogranu See Chumlets. 
Gunpowder per barrel qf\\2 lb. 0 
Gum Arabic - per 112 lb. 0 
Hair, called Goats’ hair. See in G. 
Hawks of all sorts, per Hawk , 0 

Hats, viz. 

—Bast or straw hats knotted per doz, 0 

——— -— plain, per 12 doz. 0 

—Wool felts - per doz, 0 
*—Demi-castors * per piece , 0 
—Beaver hats » per pieee, 0 
♦Headings for pipes, hogsheads, or 


barrels 
Heath for brushes 
♦Hemp, viz. 

—undressed * 
—dressed * 
Hides, viz. 

—Buff-hides 
—Cow or herse hides, 
Honey - 
Horses and mares 


per 1000, 0 

per 112 lb. 0 

per 112 lb, 0 
per 112 lb. 0 


per piece, U 
per doz. 0 
per barrel 0 
* each, 0 


Hops « 

• per 112 lb. 

0 

2 

—Hamburgh and 

Silesia cloth, 



Indigo * 

« per 100 lb, 

2 

0 

broad 

per 120 ells, 

0 

3 

—— Dust 

» per 100 lb. 

0 

8 

—Poledavies 

• per bolt, 

0 

1 

Incle, viz. 




—French canvas and line, 11 ell 



—wrought 

« per 12 lb. 

0 

H 

broad or more. 

per 120 ells. 

0 

3 

—rolls, per 12 

pieces, 86 yds each , 

0 

l 

—Lawns per piece of 13 ells. 

0 

2 

—unwrought 

• per 100 lb. 

0 

4 

—Calico-lawn 

- per piece , 

0 

o\ 

Iron, wrought 

• per 112 lb. 

0 

1 

—French lawns 

per piece , 

0 

n 

—unwrought 

t per ton. 

0 

6 

—Lockrams of all sorts,per lO&e/k 

0 

n 

—Pots 

per doz. 

0 

H 

—Soultwich 

per 120 ells, 

0 

i| 


Juice of lemons. See Lemons. 
Lamp-black. See Blacking. 
Latten, viz. 

—shaven fatten * per 112 lb. 


0 6 


per 112 lb. 0 3 


—black latten 
Lace, viz. 

—Bone-lace of thread, per 12 yds. 0 
—Silk bone-lace - per 16 oz. 0 
—Silk lace of other sorts,per 16 oz. 0 


—Hangings, gilt per piece, 0 3 

—Leather for masks, per 12 lb. 0 2 

Lutes - - per doz. 0 4 

Lutestrings, viz. 

—Catlings, per 144 doz. knots , 0 1 

—Minikins per 12 doz . knfts , 0 0| 

I. inen, Brabant, Flemish, Einbden,viz. 
—British Cloth - per 100 ells , 0 5 
—Frieze cloth, Ghentish Holland, 
Isinghams, Overissels cloth, 
Rows,Cowssield,or Plats cloth, 

each 30 ells , 0 2 

—Calicoes, or dutties pr piece, 0 0 

—Cambrics, per piece of 13 ells, 0 2\ 

—Damask, tabling, viz. 

—of Holland making, per doz yds 0 4 


Linen, damask, 

—of Silesia making, per doz yds± 0 2 

Damask, towelling and napkin- 
ing, viz. 

—of Holland making, pr dot.yds, 0 2 

-of Silesia making,per doz. yds, 0 1 

Diaper, tabling, viz. 

—of Holland making, per doz.yds 0 2 
—of Silesia making, per doz. yds 0 1 

—Diaper, towelling and napkining,viz. 

——of Holland making, per doz.yds 0 1 

-of Silesia making, per doz.yds, 0 0^ 

Linen, French or Normandy can¬ 
vas and line narrow,Vandales, 
or Vitry canvas,Dutch Barras, 
andHessen-eanvas,perl20e#f 0 2 
—Gutting and spruce canvas, Dril¬ 
lings,Pack-duck, Hinderlings, 
Middlegood, Headlake, Mus- 
covia, line narrow,Hamburgh 
cloth, narrow Irish cloth, 

per 120 ells, 0 1 


Strasbourg!! linen per 30 ells, 
*■—striped or tufted canvas with 
thread, per piece of\b yds. 

—striped, tufted, or quilted canvas, 
with silk, pr piece of 15 yds, 
Litmus • per 112/6. 

* Malt - per quarter, 

Magnus - per 112 lb. 

Masks of velvet or satin, per doz. 


0 1 


0 1 


Fat madder , per 112 lb. 

—Mull-madder per 112 lb* 

■* Meal, or flour, - per 30 cict. 
Minikins. See Lutestringe. 

Mocado ends per 12 lb. 

Mohairs. See Chamlets. 

'Oars - per 120, 

‘Oats - per quarter. 

Oils, viz. *Seville oil, Majorcu oil, 
Minorca oil,Provence,Portugal 
oil, and sallad oil, per tun, 
—Rape and linseed oil, per tun , 
—Train-oil of Greenland or New¬ 
foundland - per tun , 
Olives - per hhd. 

Onions per 100 bunches, 


1 

1 

1 

1 


Lemons 

per 1000, 

0 

1 

Masts, viz. 




—-Juice of lemons, per pipe. 

0 

6 

-above 12 inches 

, per most, 

0 

2 


0 

3 

-8 to 12 inches, 

per mast. 

0 

1 

Linseed - 

per quarter. 

0 

1 

—■——6 to 8 inches. 

per mast, 

0 

ok 

Leaves of gold. 

per 100 leaves. 

0 

01 

'Maps, printed 

per ream, 

0 

1 

Lures for hawks 

per doz. 

0 

ol 

Madder, viz.- 




Leather, viz. 




—Crop and all other bale-madder, 



—Bazil leather 

per doz. skins, 

0 

0% 


per 112 lb. 

0 

2 


n 

o\ 

4 


o n 


4 

0J 

8 

6 

4 

4 

1 


a 2 


Oniyja 









4 


RATES OF SCAVAGE. 


Onion-seed - per 112 lb. 
Oranges - - per 1000, 

Orchal - - per 112 lb. 

Packthr«%d - per 100 lb. 
Pans, viz. 

— Dripping or frying-pans, per 112 

b. 

— Warming-pans - per doz. 
Paper, brown per 100 bundles, 

— - --of ail other sorts,per 100 r earns 
Pears. See Apples. 

♦Peas - - per quarter, 

Pitch or tar - per last , 

Plates,single,white orblackper 100 

— double, white or black, per 100 

Pomegranates - per 1000 
Pork - - - per barrel. 

Pots, earth or stone, covered, p. 100 , 
—earth or stone uncovered, per 

100 casts, containing a gallon 
to every cast) 'whether in one 
pot or not 


Quails 
Quicksilver 
Quinces 
Rape-seed 
♦Rosin 
Rice 
♦Rye 

Rims fl5r sieves 


- per doz. 
per 100 lb. 
per 100 , 
per quarter, 
- per ton, 
per 112 lb. 
per quarter, 
per 12 doz. 


s. d. 
0 3 
0 1 
o n 


0 If 

0 If 
6 
8 


♦Russia. All goods of Muscovy or 
Russia,/or every 20 s of their rates 
or values on oath. 
Saffron - - - per lb. 

Safflower - - per \tQlb. 

♦Salt - perwey, 

Salt-petre - - per 112 lb. 

Says, viz. 

— Double says, or Flanders serges, 

per piece , 

—Haunscot and mild says, p. piece, 
Shumae - - per 112 lb. 

Silk,viz. Bridges,Granados,Naples, 
Organzine, Pole, and Spanish 
satin-silk, sleeve-silk fine, and 
thrown silk - per 16 os. 

— Raw China silk per 24 oz. 

— Ferret or fipret silk, Fillozel, 

sleeve-silk, coarse, per 16 os. 

— Raw long silk - per 24 oz. 

— Raw short silk and raw Morea 

silk - - per 24 os. 

Silk stockings - perpai y 
Silks, wrought, viz. 

— Boratos of silk, Catalopher, 

China, damask, silk Chamlet, 
China, grograms, tabby gro- 
g^ams, Philosellos, narrow tab¬ 
bies of silk, Towers taffety, 
per doz. yds, 
*=** Silk grograms narrow, silk Say, 

1 Callimancoes, and Philosellos 
broad - - per 12 yds. 

G-ograms broad, caffa, or da- 
jnask - per 12 yds 9 


0 
1 

0 01 
6 3 
0 1 
0 2 
0 2 
0 VI 
0 1 


0 2 
0 0 * 
0 10 
0 Of 
0 1 
0 8 


0 2 

0 3 

0 4 


Silks, _ • 

— Satins of Bolonia, Lukes, Jeans, 
others of like making, p .12 yds 

—— Bridges, China, and Turkey, 
satin - - per 12 yds, 

— Sarsenets ofBoloniaor Florence, 
per 12 elk, 

—■ of China - per 12 ells , 

wrought, viz. 

S.ypers of silk, broad, per 12. 

... 

of silk, narrow - per 24 yds, 

— TafFety, ell-broad, per 12 yds, 

-China and Levant, per 12 yds, 

—Velvets,China Velvets, per 1 2 yd, 
-all other velvets or plushes, 

per 1 2 yds, 

Skins, viz. 

— Cordivant skins - per doz. 

— Goat-skins in the hair, per doz. 

— Kid-skins of all sorts per 100 , 
Smalts 

* Spars.—Booms;'ars 
CantsparS 


s. d. 

0 6 

0 , t 

0 If 
0 1 


o o.| 
o o| 
0 2 
0 0 | 

0 1 

0 6 


per 100 , 
per 120 , 
per 120 , 
per 120 , 
* Spirits, as Brandy, &c. for every 
20 s. of their rates or values, on 


-small spars 


0 

1 

oath , 

0 

1 

0 

Of 

Stockings of silk. See Silk. 



0 

Of 

Stones.—Dog-stones - per last. 

0 

6 



-Marble stones per ton, 

0 

8. 



-Mill-stones per piece. 

'0 

6 

0 

1 

---Quern-stone, per last. 

0 

3 

0 

Of 

Sword-biades - - per doz. 

0 

1 

0 

4 

' Staves ; pipe or hogsheads staves 



0 

2 

per 1.000, 

0 

6 

0 

H 

-Barrel staves, per 1000, 

0 

3 



-Firkin-staves, per 1000, 

0 

1 * 



Steel; long steel, whisp-steel, and 



0 

3 

suchlike - p Sr 112 lb. 

0 

2 

0 

2 

— Gad-steel - per half barrel. 

0 

4 

0 

14 

Sturgeon. See Fish. 





Succades, wet or dry per 100 lb. 

0 

10 



Syder - - - per tun , 

0 

4 



Tallow - - per 112 lb. 

0 

1 

0 

1 

Tapestry, viz. 



0 

1 

— with hair, per 100 Flemish ells. 

0 

4 



—'with wool, per 100 Flemish ells, 

0 

6 

0 

Of 

— with caddas, per 100 Flemish ells , 

1 

0 

o- 

*04 

— with silk, per 12 Flemish ells , 

0 

2 



Parras - - per barrel , 

0 

04 

0 

o'! 

Peazels - % - per 1000, 

0 

04 

0 

Of 

Tvkes of all sorts - per tyke , 

0 

H 


■Bridges thread per 12 lb. 

— Outnal thread per 12 lb. 

— whited - brown, or piercing 

'hread - - per 12 lb. 

— Sisters’ thread - * per lb. 

— Lyons or Paris thread, per 100 

bolts, 

Tobacco,viz.Spanish,Varinas, Bra¬ 
zil tobacco - per 100 lb. 

— St. Christopher’s tobacco, or the 

like - - per 100 lb. 


0 U 
0 Oj 

0 8 

2 0 

0 6 
Tiles ; 











BATES OF PACKAGE. 


' * • - s. d. 

Tiles; Pantiles or FI ndersT'es, 

per 1000. 0 2 

♦Timbers, for every 205. of their 

rates or values on oath, 0 1 

Tow - - per\\2lb. 0 0| 

Tripe. See Fustians. 

♦Turkey goods, for every 20 s. qf 

rates or values , on oath , 0 1 
Veilure. See Fustians. 

Vinegar. See Wine Eager. 

Wax - - per 112 lb. 0 4 

♦Wainscots - - per 100, 0 6 

Whale-fins - per doz-fins, 0 1 

♦Wheat - - per quarter, 0 1 

♦Wine, viz. Eager per tun 0 6 

—Gascoigne, F rench iviries,all other 
wines of the growth of the 
French dominions, per tun, 2 0 

— Rhenish wine, per tun 60 0 

«— Muscadel, and all other wines 

per tun, 40 0 

Wire; latten and other wire, 

per 112 lb. 0 4 

Woad; Island woad per tun , 1 0 

*—Tholose woad - per 112 lb. 0 1 

Wood ; viz. 

«~*Box-wood, for every 2.0 s. of 

the rates or value on oath , 0 1 


5 
X 

Brazil, or Fernambuco wood, 

' per \\2 rh. 0 S 
BraziletVo, or Jamaica wood, 

per 112*). 0 1 

F vi stick - - per 112 /6. 0 0| 


—Red or G uiwea wood, per 112 b. 

0 

2 

— Sweet wood, West India, per 




112 lb. 

0 

1 

— All other sorts, for 

even/ 20.?. of 



the rates jar value, on oath. 

0 

1 

Wool ; Beaver-wool 

<- per lb. 

0 

ii 

— Cot ton-wool 

per 100 lb. 

0 

$■' 

— Irish, combed • *- 

■ per t00 lb. 

0 

4 

-, uncombed 

per 112 lb. 

0 

J2 

j— Fstridge wool 

per 112 lb. 

0 

% 

— Polonia wool 

per 112 lb. 

0 

& 

f— French wool * 

per 112 lb. 

0 

2 

— Lamb’s wool 

per 112 lb. 

0 

3 

— Spanish wool 

per 112 lb. 

0 

4 

— Red wool - 

per lb. 

.0 

Of 

Yarn; Cable-yarn - 

per 112 lb. 

0 

1 

— Camel, grogram. 

or mohair. 



yarn 

per 100 lb. 

1 

6 

— Cotton-yarn 

per, 100 lb. 

0 

4 

—- Irish yarn per pack of 430 lb. 

0 

G 

Raw linen yarn, Dutch or Fre-n: h. 




per 100 lb. 

0 

4 

— Spruce or Muscovia yarn, per 




112 lb. 

0 

2 


AH other goods, not mentioned in this table, par, for Scavage-Duties Inwards, after 
the rate of one penny in the pound, according as they arh expressed or valued in 
his Majesty’s late book of rates; and all others, not expressed therein, pay the 
same rates, a°cording to their true value. 

All Merchants, Aliens, and Denizens, are to make and deliver, to the proper 
collector of this duty, true and perfect bills of entry of all the goods and merchan¬ 
dise by them imported. 


PACKAGE-RATES OUTWARDS. 

For all Goods and Merchandise, to be packed, cashed, piped, barrelled, or 
’ any ways xesselled, in order tb be transported to Farts beyond the Seas; 
although the'Mayor and Commonalty, or their Officers, do not pack the 
said Goods when they are ready, and upon jeasonabls Request and Notice 


given. ‘ 

5. d. 

ANNOTTO - per 100 lb. 0 3 
Aqua Vilas, per hogshead, 0 4 

Argol, white or red per 112 lb. 0 1§ 

Ashes; pot-ashes per 2 cwt. 0 2 
— Soa ; -ashes - per last, 0 1 

Awl-blades for shoemakersper 1000 0 0| 

Barilla,orSaphora, p. barrel of2ciot. 0 4 

Beer - per tun, 0 6 

Biding shot-lead per 112 lb. 0 2 

Books - - per maund 1 0 

Bottles, glass, covered with leather, 

per doz. 0 1 

Brimstone - - per 112 Ibf’ 0 1 

Brushes * - per doz. 0 0| 

Broken glass - per barrel, 0 0| 

Buttons; brass, steel, Copper, or 

latten, buttons per 144 doz, 0 1 


d. 

Buttons; hair buttons,per 144 doz. 0 1 

— Silk buttons per 144 doz. 0 

— Thread buttons per 144 doz. 0 C| 

Buckweed - per quarter, 0 1 

B uckrams of all sorts per doz. pieces 0 2 

Caps for sailors, Monmouth and 

others - - - per doz. 0 1 

Canary-seed - per bushel, 0 0]j 

Cloaks, old - per piece, 0 
ClQths. See Woollen-Drapery 
Coals. See Sea-Coal. 

Cobweb-lawns - each 12 yards, 0 1 

Cochineal; v iz 

— Silvester, or Campechia, per lb. 0 0| 

— of all other sorts - per lb. 0 1 

Combs, ivory. See Ivory. 

Copperas - - per 112 lb. 0 1 

Drugs 









RATES OF PACKAGE. 


B 


s. d. 


Drugs ; Asafcetida, gum armoniac, 
gum lac,olibanum, and sassa- 


fras-Wood 
-Cassia Fistula 
---Lignea 


per 100 lb. 
per 100 lb. 
per 100 lb. 
Cubebs - per 100/6, 
Frankincense. See in F. 
Quicksilver. See in S. 

Red Lead. See in R. 


Furs. See Skins. 

Fustians; English Millain, p.piece, 
con. 2 half-pieces of 15 yds. each 
—V enetian,English-make p.\b yds 


Galls 
Garble; of almonds 

■ ■ ■-• ■■■■.■■of cloves 

—————of ginger 
————of mace 


per 112 lb. 
per 112 lb, 
per 100 lb. 
per 100 lb. 
per 100 lb, 
per ICO lb. 


•— -— of pepper 

Glass, broken. See B. 

Glue - per 112 lb. 

Glovers clippings,per maundor bask. 0 
Gloves,Buck’s leather, per d»x. pair 0 

— Gloves with silk fringe, faced 

with taflfety - per doz. pair , 0 1 

— Gloves lined with coney or 

lamb skins,or plain, p. doz. pr. 0 0^ 

Grains ; scarlet powder,& of Seville 
in berries, and grain of Portugal 


s. d. 


grocery ; viz. 

• . — — of St.Thome and Panelles, 

per. 112 lb. 

-of all sorts per 112 lb. 

per piece , 
per piece , 

- per doz. 


Mats; Beaver hats 

— Deini-castors 

— Felt hats, plain 
-—— lined or faced, per doz. 

Man; coney-hair - per 1Q0 lb. 


wrought 
Spurs 
Ivory combs 
Knives, viz. 
—London knives, 


per 112 lb. 
per doz. pair , 
per doz. lb. 


ordinary, per 
small gross t 

— Sheffield knives, per small gross f 

— Shoemakers* paring knives, per 

small gross - - - 

Lace, viz. 

Bone-lace of thread, per doz. yds % 
—r- Silk lace - per 16 oz. 

Laqiperns - per 1000, 
Lead - - perfotfur i 

Lead. See Birding Shot. 

Lemons, pickled - per pipe t 
Lemon-j uice , per pipe , 
Linseed - per quarter , 

Linen, calico - per piece y 
Cambrics, per 2 half-pieces of 


U 

2 

4 


—— Rhubarb - •» per lb. 

0 

1 

— of goats or kids - 

per 100 lb. 

0 

4 

—— Scammony - per lb. 

0 

1 

— Ox or cow tail hair, 

, per 112 lb. 

0 

0 

—— Wormseed. See ip W. 



Hemp 

per 112 lb. 

0 

1; 

Elephants’ teeth per 100 lb. 

0 

4 

Hide , India. See India*. 



Estridge-feathers, undressed, per lb. 

0 

0£ 

Morns ; Ink-horns, 

per 12 doz. 

0 

0; 

Filings of Iron ; Swarf, per barrel , 

0 


— Horns of lanthprns p.1000 leaves 

0 

2' 

Fish ; viz. 



—Tips of horns r 

per 1000, 

0 

1 

— Herrings,full or shotten ,per last y 

0 

6 

Hops 

per 112 lb. 

0 

O 

— Stockfish of all sorts, per last , 

0 

6 

Indigo of all sorts 

per IOO lb. 

1 

0 

Flasks of horn - per doz, 

0 

1 

———Dust 

per 100 lb. 

0 

6 

Flax, dressed « per 112 lb. 

0 

-4 

India hides 

per 100 lb. 

1 

6 

■— », undressed - per 112 lb. 

0 

2 

Irish rugs 

per piece t 

0 

1 

Frankincense - per 112 lb. 

0 

i\ 

Iron, unwrought 

per ton , 

0 

6 


H 


0 0J 


?t 

n 

8 

3 

6 

1 

0 * 


or Rota 

per 100 lb. 

2 

6 

13 elLtf 

0 

11 

—Grain,F rench or 

Guincap.100^6. 

0 

4 

-Damask tabling, all sorts, per 



Grocery, viz* 




doz. yards , 

0 

2 

— Almonds 

per 112 lb. 

0 

0 

At 




—- Almonds, Garble. See Garble. 



of all sorts, per doz. yards y 

0 

1 

— Anniseeds 

per 112 lb. 

0 

2 

— Diaper tabling,all sorts,pr doz.yds 

0 

1 

— Cinnamon 

per 100 lb. 

1 

0 

— -Towelling and napkining 



— Cloves 

per 100 lb. . 

. 1 

0 

all sorts per doz. yards y 

0 

01 

— Cloves, Garble. See Garble. 



-Lawns per piece of 13 ellsy 

0 

n 

— Currants 

per 112 lb. 

0 

3 

-Liften cloth, called Brabant, 



— Dates 

- per 112 lb. 

0 

4 

Embden, Flemish, Frieze, 



— Figs 

* per 112 lb. 

0 

05 

Ghentish, Holland, Isinghams, 



— Ginger 

- per 100 lb. 

0 

9 

Overissels, and Rouse Cloth, 



— Ginger, Garble. 

See Garble. 



per 30 ellsy 

0 

2 

— Liquorice 

per 112 lb. 

0 

11 

——French and Normandy can¬ 



— Mace 

per 100 lb. 

1 

6 

vas - - per 120 ellsy 

0 

3 

— Mace, Garble. 

See Garble. 



— DutchBarras, Hesscns, Vitry, 



— Nutmegs 

per 100 lb. 

1 

0 

canvas - per 120 elhy 

0 

3 , 

— Pepper 

- per 100 lb. 

0 

6 

- Canvas, tufted or quilted 



— Pepper, Garble. 

See Garb le. 



with Copper, silk, or thread, 



— Prunes 

- per 112 lb. 

0 

01 

or such like per 15 yards 

0 

1 

— *Raisins,great &Malagap.ll2/5. 

0 

1 

—— Linen shreads per maundy 

0 

2 

———of the sun 

, per 112 lb. 

0 

O 

Madder, all but mull-madder, per 



Sugar-candy 

- per 112 lb. 

0 

a 

112 lb. 

0 

2 





Mclasses 


















RATES OF PACKAGE. 




Melassds 
Mustard-seed 
Nails, \iz. 

—Chair nails,brass or copper,/?; 1000 
—Copper nails, rose-nails, and Mid¬ 
lers’ nails - per 10,000, 
Ochre, red or yellow, per 112 lb. 
Onion-seed 
Orchal 
Ox-boncs 
—Guts 

Oil.—Seville,Majorca,Minorca, oil, 
Provence, Portugal, linseed, 
or rape, oil - per tun, 

—Train or whale oil - per tun, 
Paperj printing and copy paper, 
per 100 r earns, ^ 

Pewter * - per 112/6. 

Points of thread. See in T. 


per hogshead, 
per 112 lb. 


per 112 lb, 
per 112 lb. 
per 1000, 
per barrel , 


Rape-seed 
Rape-cakes 
Red-lead 
Red earth 
Rice 
Rosin 

Rugs, Irish. 
Saffron 
Salt 

Saltpetre 
Sea-horse teeth 
Sea-coals 


- per quarter, 
- per 1000, 

• per 112 lb. 
- * per 11.2 lb. 

- per 112 lb. 

- - per ton, 

See Irish. 

- - per lb. 

• - per voey, 

- per 112 lb. 
- per 100 lb. 

- per chalder , 


s. d. Stockings ; viz. 

0 4 — K ersey of leather, per doz. pair, 

0 01 ■—Silk stockings - per pair) 
Worsted stockings,per doz.pair, 
0 01 - Woollen knit-stockings, per do. 

to ffs, viz. 

0 01 —Boffins, p. piece,broad of 14 yds, 

0 1 -——» p. piece, narrow ofl 4 yds, 

0 4 —Bridgewaters - per piece, 

0 1 — Carrels - - per piece, 

0 1 r-Carmelians , per piece of2b yds, 

0 2 —Chamlet3 or grograms, per piece 
of 14 or 15 yds, 
Dammosellos or damasins, per 
piece , 

■Durants - - per piece, 

Dimity per piece of 30 yds, 

— Floramedos - per piece, 

—■ Figurettos - per piece. 

Hangings of Bristol or striped 

stuff - - per piece, 

Linsey Woolsey - per piece, 
—Lisles, broad or narrow, per piece, 
not above 15 yds, 
— Mocados, single or tufted, per 
piece of 14 yds, 
double, p.pieceqf2S yds. 


Shot. See Birding-shot Lead. 
Shumac - - per 112 lb. 

Silk, raw, of all sorts per 16 oz. 
—Nubs of husks, the 100, contain¬ 
ing 21 oz. to the lb. 
British thrown - per 16 or. 
Silver,called quicksilver,per 100 lb. 


1 4 

0 8 

1 6 
0 4 

0 1 
0 0 ; ! 
0 1 
0 0 
0 1 
0 G 

0 1 
0 2 
0 2 
0 10 
0 4 

0 2 
0 1 

0 4 
0 1 
0 8 


— Badger-skins 

per 100, 

0 

6 

— Beaver-skins 

per 100, 

2 

6 

— Cat-skins 

- per 100, 

0 

4 

— Calf-skins 

- per 100, 

0 

8 

— Coney-skins, grey, 

tawed, sea- 



soned,or stag 

- per 1.20, 

0 

2 

— Coney-skins, black 

per 120, 

0 

2\ 

— Elk-skins 

per piece, 

0 

Pi 

— Fitches 

per timber, 

0 

1 

— Fox-skins 

- per 100, 

0 

8 

— Jennet-skins, black, 

seasoned or 



raw 

- per skin, 

0 

H 

— Kid-skins 

- per 100, 

0 

2 


per 120 

Mawkins, tawed or raw,per 120. 


— Otter skins 

— Rabbit-skins 

— Sheep-skins 

— Sheep-pelts 

— Squirrel-skins 
Slip 


per 100, 
per 100, 
per 120, 
per 100, 
per 1000, 
per barrel, 


0 6 
0 4 
0 8 
1 


Soap, viz. bard Castile,per 112 lb 

— - - the barrel , 

Spectacles without cases'per 12 doz. 
Stockings, viz. 

— Children’s stockings, per doz.pr. 


6 
3 
3 

1 

0 2 
0 3 
0 0 \ 

0 0| 


— Mohairs,p .piece riot above lb yd?,, 
M iscellany, per piece of 30 yds, 

— Perpetuans, yard-broad, p.piece, 
ell-broad, per piece, 


— Paragon, or parap us, per piece, 

— Pyramides, or marimuff, the 
narrow piece , 

the broad piece, 


— Rashes of all sorts, p.piece,about 
24 yrds, 

Says; Hounscot-says, or milled 
per piece, 
of all other sorts, p.piece, 


—Serges, single p. yd broad of 12yds' 


See also Woollen Drapery. 
Succades, wet or dry, per 100 lb. 

Swarf. See Filings of Iron. 

Tallow - ■ per 112 lb. 

Tapestry; viz. 

— with hair, per 100 Flemish ell?, 

—with wool, per 100 Flemish ells, 

— with gaddis, per IQOFlemish ells, 
with silk, per 12 Flemish ells, _ 

Taffaty ; ell-broad, per doz. yds, 
——Silk tuff taffety, broad, 
per doz. yards, 

.. . . ... — —■ — narrow, per 

doz. yards, 

Thread, whited brown or coloured, 
per doz. lb.' 

Tiffany ' - per doz. yards. 

Tobacco; Spanish per 100 lb. 

of all other sorts, per 100 lb. 

Tin; wrought - per 112 lb. 
■•unwrought - per 112 lb. 
liread-points per great gross, 
Vellures, British, per single piece, 

- per double piece, 

inegar of wine « per tun. 

Waistcoats 


s. 

d. 

0 

1 

0 

<4 

, 0 

2 

0 


0 

2 

a 

1 

0 

2 

0 

1 

0 

2 

0 

2 

0 

2 

0 

1 

0 

1 

0 

1 

0 

2 

0 

4 

0 

H 

0 

2 

0 

1 

0 

2 

0 

1 1 
* % 

0 

1 

0 

2 

0 

H 

0 

2 

0 

1 

0 

2 

0 

4 

0 

3 

0 

*4 

0 

2 

0 

3 

0 

$ 

0 

1 

0 

4 

0 

9 

1 

Q 

0 

2 

0 

2 

0 

4 

0 

2 

0 

1 

0 

1 

2 

0 

0 ' 

6 

0 

4 

0 

3-1 

0 


0 

1 

0 

2 

0 

or 

*■ * 















V* 


fc RATES OF UiLLAd. 




s. 

d. 


s. 

d: 

Waistcoats; viz. 




Woollen-drapery, viz. 



— of kersey of flanneL per doz. 

0 

2 

— Baize - per single piece, 

0 

5 ’ 

•—of woollen, knit 

- per cloz. 

0 

4 

- per double piece, 

0 

4 

— of worsted, knit 

- per piece. 

0 

04 

— Minikins baize - per piece. 

0 

6 

•—wrong’ t with crewel, per piece-. 

0 

oi 

—Broad cloth p. short piece of24 yds 

0 

(y 

— wrought with silk 

per piece , 

0 

i • 

- Z~-.per long piece of 32 yds 

0 

s 

Wax; British wax 

per 112 lb. 

0 

4 

— Cottons of all orts,/>/\100 goads 

0 

4 

— BritLh hard wax 

per 100 lb. 

0 

‘8 

—- Devonshire dozens, per piece, 

0 

1 

Wine; French wines 

per tun, 

0 

8 

— Frizadoes - per piece, 

0 

3 

•—Muscadel & Levant wines per but 

0 

6 

— Kerseys of all softs per piece, 

0 

2 

—• Sa cks,Cail avie -, Mader ias, Roni- 



— List of cloth - per 1000 yds. 

0 

6 

ney, and Hul locks, per but, or 



— Northern dozens, ingle, p. piece, 

0 

3 

\ 

, pine, 

0 

6 

----—double, p. piece, 

0 

6 

Wood; Box-wood 

p#r 112 lb. 

0 

04 

— Spanish cloth, British-making, 



— Brazil wood 

per H2 lb. 

0 

o 1 

<y I 

per 20 yards. 

0 

4 

-— F.bony wood 

$er 112 lb. 

0 

H 

— - Penistones - per piece, 

0 

2 

— Fustick wood 

per 112 lb. 

0 

04 

Worm-seed - perl 00 lb. 

0 

6 

« — Red wood 

per 112 lb. 

0 

h 

Yarn; cotton yarn, per 100 lb. 

0 

4 

— Wool; cotton wool. 

, per 100 lb. 

0 

3 

— Grogram or mohair yarn, per 



— Estridge wool 

per 112 lb. 

0 

2 

too lb. 

1 

6 

— French wool 

per 112 lb. 

0 

2 

— Raw linen yarn, of all sorts, 



— Spanish wcoL 

per 112 lb. 

0 

4 

per 100 lb. 

0 

4 


AD other goods, not mentioned in the preceding table, pay, for package-duties, after 
the rate of ope penny in the pound, according as they are expressed or‘valued in 
his Majesty’s late book Of rates : and all other, not expressed therein, shall pay the 
same rate, according to their true value. For every entry in the packer’s book, for 
Writing bills to each entry outward, is. The strangers pay the labouring porters for. 
snaking up their goods at their own charge, as they have^always done. And they 
pay the waer-side porters, belonging to the Package-office, such fees and duties; 
for landing and shipping their goods, as they have usually paid Within these 
twelve years past. 


BAILLAGE-DUTIES OUTWARDS. 


Tor the Surveying or Delivering o f all Goods and Merchandise, i?i order t* 
he exported into Parts beyond the Seas , or otherwise . 


s. d. 

T?EER - per tun, 0 4 

Canvat - per 120 ells , 0 2 

Cloths. See Drapery. 

Coals - - per chalder, 0 1 

Cochineal. See Dying Commodities, 

Drapery of woollen or worsted, viz. 
•—Broadcloth - per piece, 0 1-1 

— y C erseys of all sorts, per piece, 0 0| 

— Perpetuanas - per piece, 0 0 * 

-—Stuffs > - per single piece, 0 0| 

— -- - per double piece, 0 1 

Dying Commodities, viz. 

•—Cochineal - per 100 lb. 0 1 
«— Indigo - - pet 100 lb. 0 4 

•—Wood, of all sorts, for„dyers, 

per 112 lb. 0 1 

Fur. Soe Shins. 

Fustians,British-making,per 15 yds 0 0£ 
Flax or hemp * per 11.2 lb. 0 1 


s. d. 

Grocery; viz. cloves, mace, nut- 

megs,or cinnamon, per 100 lb. 0 6 

— Pepper or ginger, , per 100 lb. 0 2 

— Raisins - per piece or frail, 0 0| 

— Raisins solis - per 112 lb. 0 1 

Hemp. See Flax. 

Indigo. See Dying Commodities. 

Iron, unwrought - per ton, 0 6 

—wrought - - per 112 lb. 0 1 

Lamperns - - per 1000, 0 0| 

Lead - per father 0 6 

Lineh. See Canvas . 

Pewter. See Tin. 

Saffron - per lb. 0 0| 

Salt - per wey, 0 2 

SaHpetre - - per 112 lb.• 0 1 

Silk; raw or thrown silk, per 16 oz. 0 0.J 

Skins and furs, viz. 

—Beaver-skins, - per 100, 1 6 

Skins 












RATES OF PORTAGE. 


9 

s. 2* 


Skins and furs, ■uz. s. d. 

—‘•badger-skins -* per 100, 0 6 

— conev-skins, black, per 120, 0 2\ 

— cat-skins - - per 100, 0 4 

— calf-skms - per 100, 0 8 

— fox-skins - per 100, 0 8 

^ fitches * - per timber , 0 1 

— morkins * - per 120 ■, 0 2 

— otter-skins - per 100* 0 6 

— sheep or lamb skins, per 120, 0 2 

— squirrel-skins - per 1000, 0 1 

Stuffs. See Drapery. 

Tin or pewter - per \\2 lb. 0 2 
Wax - - pertl2lb, 0 2 

Wood for dyers. See Dying Com* 
modifies. 

Wood of all sorts - per 112 lb. 0 2 

Other merchandise , liquid or dry t 
that are not particularly rated 
iti this tabk) pay hail/age-duties 
outu'ardsy by their bulk f as 
follow$y viz. 

A great packet or fardle, contain* 
ing between 15 and 20 cloths, or 
Other goods to that proportion, 1 6 

An ordinary pack, truss, or fardle, 
containing, in bigness, about 10 


to 12 cloths, 12 or 14 baize, or 
to the like proportion in friezes, 
cottons, or other goods, * 10 

A bale containing 5 or 4 cloths, 4 
or 6 baize,or the like proportion 
in other goods - - 0 5 

For a great maund, or great basket, 0 8 

— small maund,or basket, weighing 

300 weight or under - - 0 4 

— hamper or coffer, weighing 200 

weight or under - - 0 3 

— butt or pipe - - OS 

— hogshead or puncheon - 0 4 

—barrel - - - - 02 

—firkin - - - 0 1 

— dry fat ----- 0 8 

— drum-fat - - - - 0 4 

— bale - - - OS 

— great chest or great case - 0 8 

— small chest or case, of 3 cwt. or 

under - - 0 4 

— small box - - 0 2 

— great trunk - - 0 G 

— small truuk, not above 2 cwt. 0 3 

— bag or sack - - 0 4 

— seron - - - 0 3 


PORTAGE-DUTIES. 


The Packers water-side-Porters Tabic of Duties , Jbr landing Strangers 
Goodsy and of the like Duties or Rates to be paid unto them for Ship¬ 
ping out their Goods . 



s. 

d. 



s. 

d* 

ipOR a butt of currants 

1 

4 

For a bale of madder 

- 

0 

ft 

— a carateel of currants 

0 

8 

— a bale of ginger or shumac, con- 



•— a quarterole of currants 

0 

4 

taming 4 cwt. 

- 

0 

3 

— a bag of currants 

0 

4 

— a faggot of steel 

- 

0 

1 

— pieces of raisins - the ton f 

1 

8 

— any serons 

the piece , 

0 

4 

— a barrel of raisins 

0 

4 

— fat of pot-ashes 

_ 

0 

9 

— all sorts of puncheons 

0 

6 

— a last of soap-ashes 

- 

1 

0 

— a barrel oFfigs 

0 

2 

— a last of pitch or tar 


1 

0 

— tapnets and frails of figs ytheton f 

1 

8 

— a last of fish 

- 

1 

0 

— Brazil or other wood for dying, 



— wainscots 

per 120, 

5 

0 

the toriy 

1 

8 

— clapboards 

per 120, 

0 

6 

— iron - - the ton f 

1 

2 

— deal boards 

per 120, 

1 

4 

— Copperas - - the forty 

1 

2 

— a great mast 

- 

5 

0 

— oil, wine, or vinegar, the tony 

1 

2 

— a middle mast - 

- 

2 

6 

— hemp and flax - the lasty 

1 

8 

— a small mast 

- 

1 

3 

— loose flax and tow the cwt. 

0 

2 

— great balks 

per 120, 

5 

0 

— a great bag of tow 

0 

8 

— middle balks 

per 120, 

2" 

6 

«— a small bag of tow 

0 

4 

— small balks 

per 120, 

1 

3 

— a great bag of hops 

0 

8. 

— a mill-stone 

- 

5 

0 

— a packet or little bag of hops 

0 

4 

— a dog-stone 

- 

2 

6 

— packs, trusses, fats, or nmunds, 



— a wolf-stone 

- 

2 

O 

per piece , 

0 

8 

— a yard-stone 

- 

0 

3 

«— great chest 

0 

8 

— a grind-stone 

- 

1 

f> 

■— a small chest 

0 

4 

— a step-stone or grave stone 

0 

9 

— .ill cases,barrels,or bales, p. piece 

0 

4 

— quern stones 

the last t 

1 

Q 




b 


For 










10 n 

A T E S 

O 

F 

P O RTAG E. 




.v. 

d. 


d. 

For emery stones 

the ton , 

1 

2 

1 For a thousand tips of horns, 0 

0 

— ten cwt. of Holland cheese 

1 

0 

I—a thousand shank-bones - 1 

0 

— Rosin 

the ton, 

1 

2 

!—Brimstone - the ton, loose 1 

3 

— Woad 

the ton, 

1 

o 

— a foiher of lead - 1 

2 

V 

—* a chest of sugar 


0 

0 

'—R ins of sieves - per load,, 1 

0 

—-Half-wainscots 

per 120, 

o 

6 

j—a load of fans - - 1 

0 

— raw hides 

per 100, 

5 

0 

j— a load of bull-ruslies - - 0 

V 

— Boom-spars 

per 120, 

0 

6 

— 100 reams of paper, loose - 1 

0 

— small spars 

per 120, 

, 0 

4 

j—a barrel of larras - - ’* 0 

2 

— Ends of boom spars, 

per 120, 

0 

9 

—■ a barrel of lings - 0 

o 

— a horse, gelding, or 

mare - 

o 

A*> 

0 

,— a keg of sturgeon - - 0 

oi 

— Alum 

the ton , 

1 

8 

— iron backs for chimnies,^. piece, 0 

1 

—- Heath' or brushes, per 11.2 lb. 

0 

1 

— One hundred weight of elephants 


-— iron pots 

the dozen , 

0 

3 

teeth - - - - 0 

1 

— Rings of wire, loose 

the ring. 

0 

oi 

— Copper and iron plates, p. piece, 0 

0i 

— Pipe-staves 

per 1000, 

2 

6 

— 100 small barrels of blacking, 1 

(> 

— Rhenish wine 

ihe awn, 

0 

6 

— a dozen of scales - 0 

1 

— Burr-stones 

per 100, 

o 

6 

-— a hundred of oars - - 2 

6 

—- half packs of teazels, 

th e piece, 

0 

4 

— every twenty sugar-flags - 0 

4 

•—Wicker bottles 

the dosC. 

0 

o* 

•— a barrel of shot - 0 

4 

— Stone pots 

per 100, 

0 

1 

-—;i bundle of canes 0 

1 

•— loose fish per 100 

, landing. 

0 

n 

•J | 

— a rage of quails -' 0 

4 

— a barrel of salmon 

- 

0 

» 1 

— a cage of pheasants - - Q 

4 

— a barrel of stub-eels 

- 

0 

2 | 

•—a cage of hawks - 0 

4 

•— a bundle of basket-rods 

0 

OJ j 

— a winch of cable-yam -• 0 

4 

— a ton of cork 

* - - 

1 

8 j 

— a firkin of shot - - .0 

2 

— a thousand of ox-bones 

1 

0 




All other goods rot mentioned in this table pay portage-duties as other goods do of 
like bulk or like condition herein expressed.' 

For the more certain and better levying and collP.cting the aforesaid duties of 
package, scavage, &o. the mayor and commonalty, or their proper officers or depu¬ 
ties, may, by all lawful ways and means, compel persons suspected of any conceal¬ 
ment, colourings, or frauds, to take their oaths upon the holy evangelists. 

Note. —'I'lie city of London,is likewise entitled to the survey of the measures, mini- 
b ;rs 9 and weights, of all merchandise of aliens or denizens, coming into or going 
out of the said city, as well by land as by water : and also the portage and carriage of 
ail goods of denizens, whose fathers are aliens, born under foreign allegiance, or of 
aliens born under foreign allegiance in parts beyond the seas, carried in London from 
the liver of Thames to the houses or warehouses of such merchants, and thence to 
the faid river- 




< U ) 

DUTIES PA TABLE AT THE SOUND. 

In 1687, the King issued a Placard, ordering the following Fees to be 

paid at the Sound. 


To the director of the customs - - 

--four chamberlains -- -- 

—--Seal-jrresser, for stamped paper and his trouble 

- Toll-inspector, for himself and three boatmen 

By another Placard , 1701. 

To the director of the customs - —— 

four chamberlains 


nix-dolL 

_ i 


Scal-presser, for stamped paper and his trouble 


The translator extorts eight stivers for each cockei. 

Such of the above fees are now taken, some of the commissioners charge, in crowiv 
money, which is apprehended to be an abyss, as they ought only to be charged in 
current money. 


Bo the before-mentioned should be added: 


Rir-doll. 


Laden. 
5 IT 
2 12 


In Ball. 

2 a* 
2 12 


0 24 


0 24 


Light-money for ship and cargo, in crowns —- 

Pass, seal, writing-money, and lees .—»— 

-Guard-ship both ways, 4 stivers each time. 

British oor, upwards of.24 stivers. 

Commission . . . . . 

Add stivers on .each rix-dollar crown, to make it current money; and observe, that 
iu this ai.d all the following duties, 41 stivers'make the rix-ddllar. 

N.JJ. All masters are allowed four per cent, out of the duties paid on their cargoes 
both u. wards and downwards. 

Note. A Schock is 60 pieces : a Schippont , 4001b. a Last <f Wheat , 10 quarters and 
a half: a Decker , 10 pieces : a Band , a cask : a Rix-dollar , 43 stivezs ; of which from 
4| to 5 of the former are given for one Pound sterling., according to the course of 
exchange. 

PVT ies payable at tite Sound on such Goods , as are commonly carried 
from or brought to England. 


A LE or beer, the 8 hhds. at 4^ 


Rix-d.Sli. 
- 0 56 


Rix-xl. Sti. 


Alegar - 
Alum-, the schippont - - - 

Almonds, the 100lb. - 
Apples, the last of 22 barrels 
Apothecaries’ drugs, the liefpond, 
valued at -36 rix-dollars 
Anniseeds, the 1001b. <■ 

Aptimony, the schippont 
Anchor and locks, the schock of 60, 
Argol, the schippont 
Arsenic, the schippont 
Ashes, weed, the last of 12 barrels, 
or 12 schippont - 
—— Pot, the last of 12 barrels, or 
12 schippont 

Auri pigmentum, the 1001b. 

Bacon, the schippont - *■ 

Balks, great, of oak, the piece 
-, fir, 4 ditto 


0 36 
0 12 


Books, printed, the 1001b. valued 
at 36 rix-dollars - 
Brass or brass wire, the schippont 

—-, wrought, the 1001b. valued at 

36 rix-dollars - - - 

Brimstone, the last of ,12 schippont 
Brandy, French or Spanish, the hhd. 

■ ■■ • — -, Corn, the barrel 
Rhenish, the aula 


small, ditto, 20 ditto 


Baize, the single piece 

-, the double piece 

Beef, salted, the last of 12 barrels, - 


1 
0 
0 
0 
o 
o 
0 
0 
o- 36 


Bay berries, the 200 lb. 

Biscuit, or bread of wheat, 4 barrels, 
of rye - 


0 13 
0 24 


0 13 
1 0 
0 24 
0 6 
24 
9, 


6 

4 

r; 

1J 


Butter, the barrel 
0 12 Brazil wood, the 5001b. 

Bristles, the schippont,valued at 36 

rix-dollars - - - - 0 IS 

Cables, cordage, or cable yarn, the 
schippont r - - - 0 6 

Calicoes, the 8 pieces - - - 0 13 

6 Capers, the pipe, or two hogsheadr 0 18 
Cards,for playing or for wool,thel0doz.0 6 
Carraway seed, the 100 lb. - - 0 9 


15 


6 Caviar, thv: schippont, valued at 56 


rix-dollars 


b2 


0 9 
Copper 


















12 


DUTIES PAYABLE AT THE SOUND,, 


Copper, the schippont 

, wrought, the 100 lb. valued 
at 32 rix-dollars - 
Cheese, the schippont 
Cork, the 30 bundles 
Copperas, calamin, or cremor Tar- 


Rix-d. Sti. 
- 0 24 


0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 36 


tari. the schippont 
Cotton wool, the 100 lb 
Cardomums, cinnamon, cloves, or 
cochineal, the 1001b. 

Corn, barley, the last of 20 barrels, 

-Beans, peas, oats, or buck¬ 
wheat, the last of 12 barrels 
— ■ - Malt., the last of 20 barrels - 
—— Rye, the last of 20 barrels 
—— Wheat, the last of 20 barrels 
Coriander and currants, the 200 lb. 
Casques, the .50 pieces 
Cloth of silk, the piece 
» —- , fine, or short cloths, or double 
dezens, the 2 pieces 
■» — - , coarse, or long cloths, or 
dozens, the 4 pieces 
Canvas or cambrics, the 4 pieces - 
Camlet, the 4 pieces - 
Camels’hair 251b. - - - 

Calimancoes, the 8 pieces 
Cam peachy-wood, the 500 lb. r 

Cam way seeds, the 100 lb. 

Canary-seed, the cask 
Chesuuts, the 36 sacks 
Cider, the hogshead 
C^'avear, the schippont, valued at S6 
rix-dollars - - - r 

Coffee, the 20 lb. - 
Clock-work, the 100 lb. valued at 
36 rix-dollars - 

Crooked wood, or timber, 25 pieces. 

Deals of oak or fir, above 20 feet, 
the schock - 

——- Carshamn deals, under 20 feet, 

- - , Prussia - - - - 

,common, 10to 14f«set,the 1Q00, 0 3t 
Diaper or drilling, the 20 pieces. 

Dates, the 100 lb. - - - 

Damask, of silk, the piece - 
.linen, the 4 pieces 

—- !—, woollen, the 8 pieces - 

Drugget , the 2 pieces 
Down, the schippont 
Eels, the last of 12 barrels 
Elephant’s teeth, the piece 
Fish, cod, the last of 12 barrels 

-- , Stock, the last, i2 schippont, 

or 1000 fish - - V - 

Salmon, the barrel 
— , salted herrings, the barrel 
—- — , red herrings, the last of 20 
strae , or 20,000 
Feathers, coarse, the schippont 
Flannels, the 8 pieces of 25 ells each. 

Flax, dressed, the schippont 

, undressed, as fine clean Narva, 
Maulenburgh, Heilin, Eshmith, 


12 
10 
2 * 


• Riz-d. Sti, t 

Podolick, Rakitsker, and Pater¬ 
noster, the 4 schipponts - 1 Q 

Flax, co&rse, half clean, farken, Ras- 
sen, Courland, Prussia, Rassets, 
Memels, and Marienburg, the 6 
schipponts - - 1 0 


0 

6 

tow, the 5 schipponts 

0 

18 

0 

IS 

Figs, the 18 baskets, 100 lb. 

0 

18 



Fumambuco-wood, the 10001b. - 

0 3Q 

0 34 

Flounders, dry, the 20,000 

0 

12 

0 

v2 

Frieze, the piece - - - 

. 0 

6 



F!our of wheat, the 200 lb. 

0 

9 

0 

18 

-- Barley, or rye, the last of 




0 

12 

0 

9 

0 

24 

0 

1 

1 

0 

0 

24 

0 

36 

1,0 

3t 

0 

30 

0 

9 

0 

12 

0 

10 

0 

10 

0 

9 

0 

36 

0 

SO 

. 0 

36 

0 

12 

0 

30 

0 

5 

0 

2 

0 

12 

0 

6f 

0 

10* 

0 

36 r 


12 barrels ' - - 

Galls, or gum, the 2001b. 

dza, or gum, the 121b. 

Glass for windows, English, French, 
Lubec, and Dantzic, the 8 chests, 

-Venice drinking do. the chest, 

-Bottles, f^e ton, 4 hhds. and 30 

s hocks - - 

-, the 2 pipes 

-Quart bottles, 100 dozen, 50 

rix-do lai s * 

Grains of Guinea, the 50 lb. ? 

nger of Guinea, the 100 lb. 

—, Green, the 50 l b. 

Gunpowder, the 1001b. 

Gloves, Prussia or Courland, the 250 
pair 

-, leather, the dozen, value 2 

rix-dollars - «. 

Hats, felt, the cask 
-—. Beaver, the dozen, value 48 

rix-dollars - 

——, Castor, the dozen, value 48 
r x-dollars r 

Ioney, the hogshead 
fops, the schipont 
Horses, the pair 

Hair, camels, or coneys, the 50 lb. 
Hemp, the schippont — - 

, Tow, 10 schipponts 
Haberdashery-ware, the 1001b. va¬ 
lued at 36 rix-dollars 
Hides, elks, harts, bucks, or Russia 
the decker 
-p~, salted, elks, harts, bucks, or 
Russia, the decker 
—-, dry, elks, harts, bucks, or 
Russia, the 5 deckers 
—, R ussia, the schippont 
Handspikes, t he 500 
ron, wire^ or pans, the 100 lb. 

— Stoves, plates or pots, the 
schippont 

—- Bars, bats, bolts, hoops, an¬ 
chors, and guns, the schippont 
—, wrought, the 100 lb. valued 
at 24 rix-do.lla^s 
—, old, the schippont, 


12 

9 


- 0 3.0 


0 0Q 
O’ 10 

0 24 

0 15 


12 

12 

6 


- 0 9 


a 

12 


0 24 


12 

n 

6 


Q 35 
0 30 
0 8 

35- 


- 0 


- 0 18 

a 

, 0 9 
»r 

-06 

- 0 18 

- 0 36 

- 0 8 

- 0 4 

e 

- 0 6 
0 4 


Indigo, the 1001b. 

Isinglass, the 100 ib. 


12 

3 

2 


0 36 
0 6 









DUTIES PAYABLE AT THE SOUND. 


IS 


JtUX-Ct. 

Juniper berries, the 200 lb. 

Kersies, the 8 pieces 

La e, silk or ferret, the 4 lb. 

--, thread, wool, cotton, or hair, 

the 10 lb. 

■ - , gold and silver, the lb. 

Lemons, the 12 chests, or 36,000 

--, pickled, the pipe,or 2 hhds. 

Linseed, the last o 24 barrels 
Lrgnnm Vitae, the 100 lb. 

Leather,R us ;ia,or Scotch the decker, 

-, Spanish, Uordovan,Turkey, 

and buff, the decker 
r—-, S ms, the 10 deckers 

- -Basuues, the 10 deckers 

» • ■ — , tanned, or sole, the 100 lb. 

- ■ ■ , alupted or white, the 500 


pieces - 

Linen, calicoes, the 16 pieces 

-, flax, the 20 pieces 

Holland, Silesia, and West¬ 
phalia, the 4 pieces 
f —— ■, tow linen, crocus, Dantzic 
tow, ditto, the 40 pieces 
' — hemp, black tow, the 80 
pieces - 

» - — , canvas, the 8 pieces 

- - , damasks, the, 12 pieces 

, drilling, the 20 pieces, or 
500 arshins. - 

■ ■■ -, from Petersburg, all 

sons, 40 pieces, or 2000 arshins, 
Lead, the fodder,ton,or 6sv,hipponts, 

■- -, shot, the 100 lb. 

> — ■, red or white, the 100 lb. 
Logwood, the 800 lb. 

Masts, 15 palms and upwards, the 
piece - 

r—, small - 
c——, for boats, the schock 
Mustard-seed, the last of 12 barrels, 
Mace, the 50 lb. 

Mats, from Petersburg, the 1000 
Monair, the 501b. - 

Nutmegs, the 50 lb. 

Nuts, the last of 20 barrels or sacks, 
Nails, Hollands or Lubecks, the 
centner - 

— tree-nails for ships,the 40,000, 
Oars, great, the schock - * - 

--, small, the schock 

Oil, olive, of Seville or Portugal,the 
pipe - 

—, rape, lin, hemp, the last, of 8 
aulns - 

—, train, the last of 8 hogsheads or 
12 barrels - - - 

Olibanum - - the 100 lb. 

Oranges, the 12 chests, or 5,600 
Olives, the pipe or 2 hogsheads 
Paper, the 6 bales, or 80 reams 
Pins, 50 dozen - - - 

Pitch, great band - 

, small - 


Sn. 

0 9 
0 10 
0 10 


0 6 
0 
0 24 
0 lb 

0 36 

0 
0 

0 6 

0 36 

0 11s 
0 9 

0 lb 

0 50 
0 50 

0 10 

0 5( 

0 30 
0 3C 
0 5* 

0 3( 

0 

0 24 

0 4 
0 

0 50 

0 24 

0 1 
1 24 
0 5< 

0 1- 
0 15 
0 50 
0 lb 
0 12 

0 4 
0 56 
0 12 

0 b 

0 36 

0 36 

0 3( 

0 9 
0 24 
0 18 
0 30 
0 30 
0 48 
0 9 


Rix-d. £>u 

Plates of tin, the 4 casks or schip- 
popt .... 

Prune , the 400 lb. r 
Prunellos, the 100 lb. 

Pepper, the 100 lb. 

Pewter, the schippont 
Pladding, the 1000 ells,or 40 pieces. 
Quicksilver, the 50 lb. 

Rape-seed, the last of 24 barrels - 
Rashes, the 12 pieces 
Ribbons of silk, or ferrets, the 4 lb. 

——gold or silver, 


12 
9 
9 

12 
0 24 
0 30 
0 36 
0 36 
0 15 
0 10 


the 2 lb. 

Rice, the 200 lb. - 
Rosin, the schippont 
Raisins, the 400 lb. or 36 baskets 
Rhubarb, the 25 lb. 

Rickers, the^ schippont 
Saffron, the 2 lb. 

Salt, Spanish, French, and Scotch, 
the last of 18 barrels or 8 bushels, 
—, Lyneberg,the last of 12 bushels, 
Saltpetre, the schippont 
Shu mac, the 400 lb. 

Spars, great, the 25 pieces 
small, the 1000 
Says, double, the 2 pieces 

, single, or English,the 4 pieces. 


10 

9 

6 


0 36 
0 9 
0 12 
0 9 

0 24 
0 36 
0 6 
0 9 
0 36 
0 16 
0 9 
0 6 


ad-cloth, the 8 pieces 

0 

30 

Satin, the 2 pieces - 

0 

9 

Serge, the 12 pieces 

0 

15 

map, whjite, the 100 lb. 

0 

9 

-, green, the last of 12 barrels. 

0 

56 

Shag, with thread, the 2 pieces 

0 

9 

Starch, the 300 lb. 

0 

8 

Steel, the 100 lb. ... 

0 

4 

Silk, sewing, ferret, wrought lace. 




the 4 lb. 

raw, the 100 lb. 

-, stuffs, the 1001b. 

-with gold and silver, the 


piece - 

fkins, beaver, the 5 deckers 

-, otter, the piece, 

——, Russia, dry, wolf and fox, the 
5 deckers - - 

-, goat, the 20 deckers 

-, calf, the 10 deckers 

-, cat and sheep, the 500 pieces, 

-, black rabbits or lamb,the 1000 

pieces - 

-, grey rabbits or kid,?the 2000, 

-, martens, the 40 

-, hare, the bale, valued at 72 

rix-dollars 
Staves, pipe, hogshead, and barrel, 
the great hundred of 48 schocks 
Stones, Poland, the 1000 feet of 500 
ells - 
Sturgeon, the last of 12 barrels - 
Stockings of silk,the dozen,or 12 lb, 
kersey, woollen, or 


0 10 
0 30 
0 15 

0 18 
0 24 
0 6 

0 18 
0 36 
0 12 
0 18 

0 18 
0 18 
0 5® 


- 0 36 

0 30 

0 30 
1 12 
0 30 


worsted, for children, the 100 
pair - • - - - 0 30 

Stockings 














RULES AND REGULATIONS FUR PILOTAGE. 


i* 


Stockings of worsted, florett, and 
sayett, the 50 pair - 

--—--woollen, for children, 

the i?00 pair - - - 
$uccad, the 501b. -. - 

SarsparHla, the 50 lb. 

Sugar candy, or confectionary, the 
100 lb. V- - - - 

--loavos, powder, or Muscovado, 

the 200 lb. - 
Stuffs, woollen, the 8 pieces 
Sword-blades, the 50 - - 

—-—hits, the 50 - 

Sweet wood, the 100 lb- - - 

Tallow, the schippont 
Terras,-the lasts, 6 schipponts, or 1.2 
barrels 

Tar,great band,' the last of 12 barrels, 

-—, small band, the last of 12 barrels, 
Thread,white and coloured the 50 lb. 

- , gold and silver, the lb. 

Tin, the schippont 
Tobacco, the 100 lb. 

Treacle, the pipe or 2 hogsheads - 
Turpentine, the schippont 
Verdegns, the 100 lb. 

Vermillion, the 100 lb. 

Velvet, fine, the piece 

-, with thread, the 2 pieces - 0 9 

Vinegar of wine, the hogshead - 0 V/ 

. . beer, ale, or cid^r, the 2 

hogsheads " - - -09 


Iiix-U Sti. 


Wax, the schippont , - 0 36 

Wire, iron or brass, the schippont 0 24 

-, steel, the 100 lb. - 0 24 

-, gold and sdver, the lb. - -0 £r 

Wool, beaver, the 50 lb. - 1 0 

-, Spanish, or fine, the 4 sclpp- 

ponts - - - 0 35 

-, coarse or Scotch, the 6 schip- 

pohts - - - 0 30 

-, flock or cutting wool, the 2 

schipponts - - -09 

-, Scotch shirts, tire 50 pieces 0 15 

-, shifts, the 8 pieces - 0 10 

Wooden shovels, the 10 schoeks 0 9 

-dishgs or trays, the 5 schocks, 0 9 

-plates, the 5 schocks - 0 9 

-nails, the 20,000 - - 0 18 

Wine, Bourdcaux> the ton, or 4 
hogsheads, at -52 rix-dollars - 1 36 

-, Phardin, Hoogland, Muscat, 

and Frontiniac, the 2 hogsheads 1 0 

-, Spanish or Portuguese, the 

pipe - - - 1 24 

-, Italian and Levant, the pipe, 2 0 

-Rhenish, the auln - - 0 40 

Wainscot boards, the schock - 0 24 

Yarn, cotton, the 50 lb.' - - 0 5§ 

-, linen^ the schippont, or 40 

schocks - - - 0 36 

-, tow, the 4 schipponts - O' 36 

-, .sail, the schippont - 0 35 

-, all sorts <?f woollen, the 50 lb. 0 36 


Kix d. Sii. 

0 3C 

0 30 
0 12 
.0 18 

0 18 


0 18 
0 It 

o n 
0 18 
0 9 
0 6 

0 36 

0 18 

0 9 
0 30 
0 5 
0 24 
0 ‘ 
0 St 
0 ( 
0 9 
0 56 
0 9 


The following articlos are forbidden to be imported.—-Brimstone or buckram into 
Copenhagen or the island of Siseland ; cloth, corn, earthen-ware, dried fish, or salt 
cod; woollen stuffs of all kinds, 'and kersies, oil of linseed, hemp and rape seed; 
flar.ne', and iron in,bars are prohibited, but al'owed an oplag (which is a privilege 
granted to Copenhagen and Elsinore, where all foreign goods maybe landed and ex¬ 
ported duty-free within a year) for exportation; brandy, salt, tobacco, and wine, may 
not be brought into any port in Denmark but Copenhagen ; wool-cards are not 
importable into Supland, but-admitted any where else. 


Bulbs, Regulations, and Pilotage,/ bn the Harbours in Norway. 

Vessels are not to go into or out of the harbours of Norway without a pilot (if any 
one to be gotten) : one-tenth of the pilotage to be deducted fortiusqaptairi of the 
pilots, the remaining nine-tenths for the pilot. 

The pilots must.not, on forfeiture of their places, take more pilotage thah this pla¬ 
card allows, except in stormy weather, where hazards are run, or more persons 
employed for saving people, ship, and cargo, or when she hath lost masts, sails, or 
rudder; the pilot may, in such a case, agree above the common rate. If the master 
refuse to agree, the -pilot, notwithstanding, must do his duty, and the pay be settled 
by the oldermand and two disinterested persons ; but, if either party be dissatisfied, 
the magistrates may attempt it; if their determination be also disliked, it may be ap¬ 
pealed to the court of admiralty in Copenhagen. 

As soon as a pilot sees a ship in the offing, with her colours outawaft, he shall go with 
his boat without the outer rock, and continue on-board her until safely moored If in 
clear weather a ship put out a shew for the pilot, being in some danger, and no pilot 
appears, they ought to attend in that neighbourhocd ; and, having no'reasonable ex- 
~cu.se, shall forfeit two rix-dolHfrs each to the poor. And the oldermand, for not keep¬ 
ing bett - order among the pilots, shall forfeit four rix-dollars for the first neglect, five 
thbjmcffadf and fuse liis office fur the thud. 


A 



















RULES AND REGULATIONS FOR PILOTAGE 


A ship having brought-to for a pilot with his colours out, and none hcaf at hand, 
the fishermen, who have been used to officiate as pilots, may then take charge of the 
ship and carry her in, recovering full pilotage, for their trouble, without any deduct 
tion, though none but pilots may carry a ship to sea, except fishermen appointed by 
•the oldermand. 

That the pilot-boats may be known, they Shall carry a red cloth In the middle of 
their main-sail; but when they cannot use it, shall shew a white cloth at the end of 
their sprit; and, on neglect to shew these marks, they Shall each time forfeit two rix- 
dollars to the oldermand, and two ditto to the poor. Fishermen using such digits 
tfhall forfeit four rix-dollars each time. 

When a master hath got a pilot on hoard, he shall not he obliged to lake another, 
on his coming into another pilot's district, if the pilot lie has is acquainted and willing 
to proceed farther; though, if the oldermand order another pilot, the former must 
quit to prevent the harbour’s being left destitute, if the pilot engages ro go farther than 
Jie is acquainted, and a damage happens, lie shall pay it, as the law directs. Code 
IV. B. I. cap. V. A. ' 

' When a master has any reasonable cause to 'complain that his pilot lias not done 
proper duty, and, the weather permitting, colours were j>ut on to shew the want of 
a pilot, the master shall in this Case take the. pilot and oldermand,. and,, in presence 
of two seafaring ship-masters, whom the magistracy shall appoint, making an attesta¬ 
tion thereof; and the master shall have credit for law-charges until a decision,, each 
party obliging themselves to be satisfied therewith ; and a pilot, having reason o£- 
complaint, is entitled to the same liberty. 

The pilots are to have blanks, in the master’s language, for him to sign, notifying 
what he has paid him, as shall The pilot for wh’at he lias received. 

Wind and weather permitting a pilot to conduct a ship into a convenient harbour, 
he must not, on any account, carry her into any one where the anchoring-ground is 
too deep, especially late in the year, or in winter, except in cases of necessity; and 
then the pilot shall before-hand acquaint the master with the circumstances, and must 
however anchor in the most convenient place, on penalty of four rix-dollars ; and the 
Same sum on neglecting to take an attestation that it was not his neglect. A pilot 
conducting a ship through dangerous places, or altering the land-marks, shall be im¬ 
prisoned for life in Bremerholm, or suffer death if he deserves it. 

As the captain is allowed one-tenth of the pilotage, the oldermand of the pilots shall 
have three stivers on each rix-dollar, both of them to be deducted out of the stipu¬ 
lated rates ; and, if pilots carry in and out of harbour, which do not lade or deliver iii 
that country, the captain’s salary shall be one-twentieth part. 

Forfeitures to be distributed among poor sailors. 

The collectors of the customs are to assist the pilots in getting their pilotage, and 
not clear the ship until they are satisfied, of have the oldermand’s attest what draught 
of water she drew in and out, but must deduce the salaries, if the master has paid 
them to the oldermand. 

A master, sailing before he hath paid his pilot, shall, when met with in Norway, • 
pay the debt, and the like sum to the poor, besides the law charges: and a mastegr 
using a pilot ill shall forfeit as the law directs. 

.As pilots are always obliged to keep a look-out, they shall have reserves of others. 

If the magistrates or admiralty’s decisions in law-suits between masters and pilots 
are disliked, either party may appeal to the king. 

Ships bound to any port within the Feeder, and stop, with a fair wind, in any out- 
harbour to smuggle, the pilot shall immediately inform the nearest officer of justice; 
and the master, on due proof made against him, must pay two hundred rix-dollars, 
as,directed in the Book of Rates ; the same to be also observed North of the Naze; 
and a pilot neglecting to give such information shall lose his place. 

The king commands all his military officers to be assisting herein, and to keep these 
orders at law. . ' 

Masters of ships must have a true report at the custom-house, within twenty-four 
hours after their arrival; and, if required by the collector, must produce authentic 
bills of lading. The not reporting within, this time limited, incurs a penalty of twenty 
rix-dollars daily, if they neglect to report all their cargoes, they must pay twenty per 
cent, on the value of that part omitted, except he will make an oath it was an error, 
without any sinister intent to smuggle them. If they belong to master or mate, they 
are confiscable and liable to double duty. - ,' 

Masters must be careful not to sail without their told-zedel, which is a passport given 
them from the custom-house, containing a list of the cargo, and that the lastage, teinde 
or tenths, a custom, and lights, are paid; otherwise being found without it, and the 
cargo js discovered not to be duly entered, treble duty must be paid, and the master 

condemned 


16 


RULES AND REGULATIONS FOR PILOTAGE. 


demnedf to chains for life in Bremerholm: if the ship be only in ballast, the punish* 
ment is to pay ten rix-dollars, and the producing false passports* with an intent to de* 
fraud the revenue, incurs a forfeiture both of ships and goods. 

A Norske Pilot’s mile is equal to four English miles. 


... i. ' ... n ... ii .. . . 

The following Pilotage-Table is from the lGth March to the 
16th of October: but, from the 16th of October to the 16th of 
March , £ more in and out. When the outer rocks do not exceed 
1 mile from the port, only single pilotage is paid. 

For every foot above 18, one rix dollar is paid more than 5 dollars. 

Pilotage to sea l-3d less than from sea. Nothing charged for 
|, J, and of a foot. 

Pilotage is paid by the mile, if ndt exceeding 4; if exceeding 4 
and not above 8, l-3d less; and, for every mile above, £ less. 


From the 16th of March to the 16th of October , as the table; 

from the 16th of March. | more, in and out 

-.- - -_< ■ *■' ■ ■ — - ■ 


Feet 

Water. 

Noncay y 

Money. 

Sterling. 

Norway 
Money . 

Sterling. 


Rd. 

ro. 

s. 

£. 

s. 

d. 

Rd. 

ro, 

. s. 

£. 

s. 

d. 

4 

1 

0 

0 

0 

4 

0 

0 

1 

8 

0 

1 

4 

5 

1 

0 

0 

0 

4 

0 

1 0 

1 

8 

0 

1 

4 

6 

1 

0 

0 

0 

4 

0 

0 

1 

8 

0 

1 

4 

7 

1 

1 

8 

0 

5 

4 

0 

1 

12 

0 

1 

f 

8 

1 

2 

16 

0 

6 

8 

0 

1 

12 

0 

1 

6 

9 

2 

0 

0 

0 

8 

0 

0 

1 

16 

0 

1 

8 

16 

2 

1 

8 

0 

9 

4 

0 

1 

16 

0 

1 

8 

11 

2 

2 

16 

0 

10 

8 

0 

1 

20 

0 

1 

10 

12 

3 

0 

0 

0 

12 

0 

0 

1 

20 

0 

1 

10 

13 

3 

1 

8 

0 

13 

4 

0 

2 

0 

0 

2 

0 

14 

3 

2 

16 

0 

14 

8 1 

0 

2 

0 

0 

2 

0 

15 

4 

0 

0 

0 

16 

0 

0 

2 

8 

0 

2 

4 

16 

4 

1 

8 

0 

17 

0 

0 

2 

8 

0 

2 

4 

17 

4 

2 

16 

0 

18 

s 

0 

2 

16 

0 

2 

8 

18 

5 

0 

0 

1 

0 

0 

0 

2 

16 

0 

2 

8 


f 


Ships pay for pilotage in rix-dollars, rexorts, and skillings; and, when the exchange 
is at par, the rix-dollu? is equal t® four shillings, the rixort to one shilling, and thi* 
skilling to one halfpenny sterling. 

Flat-bottomed vessels, of whatsoever denomination, that carry lee-board, and are 
four times as long from stem to stern as they are broad in the midships, from the 
outer part of the gunwale on one side to the outer part of the gunwale on the other r 
also all clinker-built one-mast galliots and galleseas, whose breadth, as above, is more 
than one-third the length from stem to stern, shall, in th; summe r-season, pay half as 
much more, when the distance does not exceed one Norske mile, than a vessel of a 
deep draught of water. 

Whilst the pilot is on board, the ship-master mtfst provide him fresh meat and 
drink; but, if obliged by contrary winds to keep the sea, one, two, or more days, the 
^master, exclusive of the pilotage, must pay the pilot ten rixorts daily. 

N. B. Nothing to be paid th# pilot for attendance whilst the ship is in harbour, nor 
can he demand provisions. 



















THE 

DUTIES 

PAYABLE UPON IMPORTATION OF GOODS INTO 

THE UNITED STATES OF AMERICA, 

Whether in American or Foreign Vessels: 


TOffiETHER WITH 

An ABSTRACT of the REVENUE-LAWS of AMERICA, and Directions for the 
CUSTOM-HOUSE BUSINESS there. 

TO WHICH ARE PREFIXED AND ADDED, 

A List of Ports where Vessels are permitted to enter: 

The Fees payable to the Custom-House Officers : 

The ESTABLISHED COINS of the UNITED STATES: 

The Rate of Foreign Coins for estimating the Duties: 

A Table of the Value and Weight of Foreign Coins, as they pass in the respective States: 

A Table shewing the Cents, and Parts of Cents, in any Number of Shillings, 

Ipss than a Dollar, in the Currencies of the different States : 

And a Table shewing the Value of Dollars, from 1 to 10,000, in the Currencies of the 

different States. 


LIST of the DISTRICTS and PORTS. 


NEW H AMPSHIRE. 
Districts. I Ports. 

Portsmouth -{PORTSMOUTH — 

VERMONT. 

Vermont - [ South Hero* 

MASSACHUSETTS. 
Newbury-port — NEWBURY-PORT 


Gloucester 
Salem and 
Beverly — 
Ipswich 


Marblehead 
Boston AC harl es-T 
Plymouth — 
Barnstable — 
Nantucket «— 
Edgarton — 
New Bedford • 

Dighton - 

York 


Biddeford and ( 
Pepperelborough $ 
Portland and — ) 

Falmouth -$ 

Bath- 

Wiscasset - 

Penobscot - 


Frenchman’s Bay 
Machias 


Passamaquady — 
Waldoborough 


GLOUCESTER 

SALEM — 

BEVERLY 

Ipswich 

Marblehead* 

BOSTON 

Plymouth* 

Barnstable 

Sherburne* 

Edgarton 

New Bedford* 

Dighton* 

York 

Biddeford 

PORTLAND 

FALMOUTH 

Bath* 

Wiscasset* 
Penobscot* 
Frenchman’s Bay* 
Machias* 
Passamaquady 


RHODE-ISLAND. 


Districts. 

Newport — • 


Ports. 

NEWPORT 
North Kingston 
East Greenwich 
Warren and Barrington 
Bristol 

Pawcatuck-River 
PROVIDENCE 
Patuxet 

CONECTICUT. 

New London --NEW LONDON 

Stonington 


Providence • 


New Haven 
Fairfield - 


NEW 

Sagg-Harbour- 
Neu York — 


Middletown 
NEW HAVEN 
Fairfield 
YORK. 


Champlain 


NEW YORK 
Albany 
Hudson 
Champlain* 


NEW JERSEY. 

[Perth-Amboy — PERTH-AMBOY 


jBurlington 
Little Egg Harbour 
Bridgetown 


Burlington* 
Tuckerton 
Bridgetown 
Somers’ Island 


Great Egg Harbour ! 

'PENNSYLVANIA, 
iPennsylvania—— [ PHILADELPHIA 

DELAWARE 


































13 


LIST OF DISTRICTS AND PORTS. 


DELAWARE. 
Districts. Ports. 


Delaware - 

I WILMINGTON 

MARY LAND. 

Baltimore - 

BALTIMORE 

Chester —*-- 

Chester 

Oxford --- 

Oxford* 

Vienna - 

Vienna* 

Snow-Hill - 

Snow-Hill* 

Annapolis - 

ANNAPOLIS 

Havre de Grace — 

1 Iavre de Grace 

Nottingham -- 

Nottingham* 


Town Creek* 

Nanjemoy -- 

Cedar Point* 


Saint Mary’s 


Lewellensburg 

George-Town- 

GEORGE-TOWN 

VIRGINIA. 

Hampton - 

Hampton* 

Norfolk -*» 

NORFOLK 

and > 

Suffolk 

Portsmouth * 

Smithfield 

Bermuda Hundred 

Bermuda Hundred* 


Petersburgh 

Yorktown -- 

RichmondJc Winchester 
Yorktown* . 

1 c / ... 

W.Point&Cumberland * 

Rappaliannock —, 

R a ppahannock * 


Uibanna* 


Port-Royal* 


Fjedericksburg 


Yeocomico 

Dumfries - 

Dumfries 

Alexandria- 

ALEXANDRIA 

Foly- Landing- 

Accomack Court-House 

Cherrystone— 

Cherrystone 


. Districts. 
South Quay— 
Louisville — 


Ports . 

-(South Quay 
-ILouisville 


NORTH CAROLINA. 


Wilmington 
Newbern - 


Washington 
Edenton — 


Camden 


SOUTH 

G eprge-Town- 

Chaiies-Town- 

Beaufort- 


WILMINGTON 

NEWBERN 

Beaufort 

Swansborough 

WASHINGTON 

EDENTON 

Hertford 

Winton 

Rennet’s Creek 

Plymouth 

Windsor 

Shewarkey 

Marfreesborough 

Plankbridge* 

Nixonton 

Indian Town 

Currituck Inlet 

Pasquotanker Bridge 

Newbiggin Creek 

CAROLINA. 

GEORGE-TQWN 

CHARLES-TOWN 

BEAUFORT 


Savannah - 

Sunbury- 

Brunswick — 
Saint Mary’s 
Hardwick — 


GEORGIA. 

-'SAVANNAH 

- SUNBURY 
Brunswick* 
Saint Mary’s* 
Hardwick 


TENNESSEE. 


Tennessee 


N.B. The Ports distinguished by *, (together with Newcastle and Port Penn, in the 
state of Delaware ; Chestertown, Digges Landing, and Carrolsborough, in Maryland, j 
Rinsale, Newport., and Rockets Landing, in Virginia; and Frederica in Georgia,) an* 
ports to which foreign vessels are restricted ; and those distinguished by capitals, ports 
to which vessels, arriving from the Cape of Good Hope, or from beyond it, are restricted. 

List of American Ports to which Foreign Vessels are restricted, Sfc, 

Np vessel, not wholly belonging to a citizen or citizens of the United States, shall be 
admitted to unload at any port or place, except the following, to wit: 

New Ha m rs h i re .— Portsmouth. 

Massachusetts. — Portland , Falmouth, New Bedford , D'eighton, Salem, Beverly, 
Gloucester, Newbury Port , Marblehead, Shedburne, Boston , and Charles-Tomn } Bath, 
Frenchman's Bay, Plymouth, Wise asset, Mathias, Penobscot. 

RiiodeTslano.— Newport and Providence. 

CoNECTicuT.— New London and Newhaven. 

New York. —New York. 

New Jv.nsr.\-.~Perlh-Ambny and Burlington. 

Pennsylvania .— Philadelphia. 

Delaware.^—W ilmington, Newcastle, Port Penn. 

Maryland.— Jialtituore, Annapolis , V icnwj, Oxford, George-Town eit Votomack, 
Chester-Town, Nottingham, Cedar-Point, Town Creek, Nanjemoy, Digue's Landings 
Snow-Hill, and Carrolslmrgh, now the - City of Washington. 

\iroinia.— Alexandria, Kinsale, Newport, Rappaharmock, Port Royal, Frederick*- 
burgh, Urbanha, YorkTown, West Point, Hampton, Bermuda Hundred, City-Point, 
Rocket’s Landing,' Norfolk, Portsmouth. 

North Carolina.— Wilmington , Newbem, Washington, Edenton, and Pla.nkbridge r 
South Carolina.— C/iiirles+Town, George Town, Beaufort. 

Georgia. — Savannah, Sunbury, Brunswick St. Mary, and Frederica. 

Nor shall any vessel from the Cape of Good. Hope, or beyond the same, be admitted 
to enter, *‘^ce)jt at the ports, in the above list, w hich are distinguished by Italics. 

A./>. The Towns of Alexandria, Carrolsburg, (now Washington,J and George- Town, 
o'; Potomack Riv;r, are wilhiji the free and federal district of Columbia,'which is a square 
«s tea wiles. DUTIES 







































C 19 ] 

DUTIES 

Payable by Law on all Goods, Wares, and Merchandise/ 
imported into the United States of America, after 
the l;>t. Day of April, 1797. 

*** The inner Column exhibits the Rates payable on Goods imported in Ships or Vessels 1- 
of the United States, and the outward Column the Rates payable in foreign Ships or' 
Vessels, including the additional Duties to which the respective Articles are liable — 
The Duties are calculated in Cents, per Cent, ad valor am, except expressed otherwise. 


Cents 

^RMS, fire and side, not 
otherwise enumerated, or 
parts thereof - - - - 15 

Apparatus, philosophical, espe¬ 
cially imported for any semi¬ 
nary of learning - free. 

Ale, beer, and porter, in casks 
or bottles - per gall. 8 

On value of the bottles - - 10 

Artificial flowers, feathers, and 
other ornaments for women’s 
head-dresses - - - 15 

Anniseed - - - - 15 

Articles of all kinds>af the growth 
product,or manufactures,of the 
United States,spirits excepted, free. 
Anchors - - - - 10 

BRASS cannon - - - 15 

— — , iron,or steel, locks,hinges, 
hoes, anvils, and vises - 10 

- . . All other manufactures of 

brass - - - - 15 

Balls and balsams ("See powders, 
pastes, t$c.) - -15 

Bricks and tiles - - 15 

Bonnets, caps, and hats^ of every 
kind - ' - - 15 

Boots - per pair , 75 

Books, blank - - 10 

Books of persons who come to 
reside in the United States - free. 
Buttons of every kind - - 15 

Buckles, shoe and knee * 15 

Brushes - - - 10 

Bullion - - -free. 

Burgundy wine - - 40 

CANNON, of brass - 15 

Carriages - See coaches, 20 
Cards, playing per pack, 25 

— — , wool and cotton, per doz. 50 
Cables and tarred cordage, pr cwt. 180 
Cabinet wares - - 15 

Caps and bonnets See hat's 9 15 

Carpets and carpeting - - 15 

Cartridge-paper - - 15 

Candles of tallow - per lb. 2 
———of waX or spermaceti - 6 

Champaigne wine - -AO 

Capers - - - 15 

Canes,walking-sticks,and whips, 10 
Cambrics - - - 10 

Cheese - - per lb. 7 

China ware - - -.15 

Cinnamon, cloves, currants, and 
.comflts - - - 15 


Centi 


m 


free. 

8 i 

11 


I6i 


ree. 

11 

16 

11 

161 

I6i 

16| 

82 { 

11 

free. 

16| 

16f 

11 

free. 

44 

164 

oo " 

27 

554 

198" 

164 

164 

164 

164 

24 

• 44| 

i4 

ii 

u 

7 I5 

164 

164 


Cents 


Chintzes and coloured calicoes, 
or muslins, and all printed, 
stained, or coloured, goods or 
manufactures of cotton or of 
linen, or of both, or of which 
cotton or linen is the material 
of chief value - 

Cocoa - - per lb. 

Chocolate ^ 

Clogs and goloslioes, per pair, 
See shoes - - - 

Cordage, tarred - per cwt. 
and yarn untarred 


124 

4- 

3 

15 

180 

125 
15 
5 
15 
15 


Cents' 


Cosmetics 

Coal - - per bushel. 

Colours - 1 See painters. 
Copper-manufactures 

- in plates, pigs, and bars, free. 

Compositions for the teeth or 
gums - See dentnfice, 15 

Coffee - - per lb’ 5 

Cotton - - - 3 

Cotton or linen manufactures, 
or of both, or of which cotton 
or linen is the material of 
chief value, being stained, or 
coloured - - 124 - 

Cotton not printed, stained, or 
coloured r - - 10 

Clocks and Watches, or parts of 
either - - - 15 

Coaches, chariots, phaetons, 
chairs, chaises, solos, or other 
carriages, or parts of carriages, 20 
Clothing ready-made - - 10 

Clothes, books,household-furni¬ 
ture, and the tools or imple¬ 
ments of the trade or profession 
of persons who come to reside 
in the United States - - free. 

Cutlasses - - - 15 

DATES and figs - - 15 

Dentrifice - powders, tinctures, 
preparations,and compositions, 
for the teeth or gums - - 15 

Dolls, dressed or undressed, or 
parts thereof - - 15 

Drugs, medicinal, except those 
commonly used for dying - 15 

-and woods for dying - free. 

EARTHEN and stone wares - 15 

Essences, See ponders,pastes y §c. 15 
FANS, or parts thereof - - 15 

Fayal wine - per ga l. 20 


m 

4f 

SA 


16-4 

198 
147 £ 
16* 

^15 

16 ‘ 
& 

f 16 * 

free! 


m 




m 

u 

164 

22 

11 


free. 

16| 

164 


16* 


164 


164 

free. 

164 

164 

164 

22 


c 3 


Feathers 














20 


AMERICAN DUTIES. 


15 


15 

15 

15 

15 

15 

free. 

10 

15 


Feathers and other ornaments for 
•women’s head-dresses 
Fringes, commonly used by up¬ 
holsterers, coach-makers, and 
saddlers - 

Figs - 
Flowers, artificial 
Floor-cloths and mats, or parts 
of either - 

Fruits of all kinds 
Furs of every kind, undressed 
GLASS, black quart bottles 
- — ■ " , window-glass 
- ■ ■ All other glass and ma¬ 
nufactures thereof - - 20 

Glaubei-salts - per cwt. 200 
Gauzes - - - 10 

Geneva, See Spirits. 

Ginger - - - 15 

Girandoles, or parts thereof - 20 
Goloshoes per pair, See Shoes, 15 
Gloves and mittens of every kind, 15 
'Gold, silver, and plated ware - 15 

Gold and silver lace - - 15 

Goods, wares, and merchandise, 
imported directly from China 
or India in ships or vessels not 
of the United States, except 
teas, china ware, and all other 
articles, liable to higher rates 
of duties - - — 

Goods, wares, and merchandise, 
intended to be re-exported to 
. a foreign port or place, in the 
same ship or vessel in which 
they shall be imported,and all 
articles of the growth,product, 
or manufactures, of the United 
States, spirits excepted - free. 
Goods, wares, and merchandise, 
not herein otherwise particu¬ 
larly enumerated and described 10 
Glue - - - 15 

Gunpowder - - - 10 

HANGERS, or parts thereof 15 
Hair-powder - - 15 

Hats, caps, andbonnets, of every 
kind - - - 15 

Hemp - per cict. 100 

Hides, raw - free. 

Household-furniture of persons 
who come to reside in the 
United States - free. 

IMPLEMENTS of the trade or 
profession of persons who come 
to reside in the United States 
Ipdigo - - per lb. 

Iron wire - - 

——, steel, or brass, locks, 
hinges, hoes, anvils,and vises, 

■■■, cast, slit, and rolled, and 
all other manufactures of iron, 
steel, or brass, or of which 
either of these metals is the 
article of chief value, not 
being otherwise particularly 
enumerated - - 15 


Cents.Cent 




16 
1 6 k 
16 

16 

16 

free 

11 

16 

22 

220 

11 

16; 

22 

16 

I6f 

16| 

161 


121 


free. 

25 

free. 

10 


free. 


11 

161 

11 

16§ 

16* 

16* 

105 

free. 


free. 


free. 

971 

a 

free. 


11 


Cents Cent 


161 


Jewellery and paste-work 
LACE of gold and silver 
Laces and Lawns 
Laces, lines, fringes, tassels, and 
[ trimmings,commonly used by 
upholsterers, coach-makers, 
i and saddlers - 

Lamp-black - 

1 Lapis calaminaris - 
Leather, tanned and tawed, and 
all manufactures of leather, or 
of which leather is the article 
of chief value, not otherwise 
particularly enumerated 
Lead and musket ball per lb. 

-All other manufactures of 

lead, or in which lead is the 
chief article - 
Lemons and limes 
Linen or cotton manufactures,or 
of both, or of which cotton or 
linen is the material of chief 
value, printed, stained, or co¬ 
loured 

Linen not printed, stained, or 
coloured 


15 

15 

10 


15 

10 

free. 


15 

1 


1 

15 


- m 


- 10 

Lisbon andOporto wines, per gal.' 25 
Looking-glass - - - 20 

MANUFACTURES of tin, 
pewter, and copper - - 15 

of iron, steel, 


or bralis, not otherwise parti¬ 
cularly enumerated 

-of leather, 


15 


not otherwise particularly enu¬ 
merated 

offldad, not 


- 15 


otherwise particularly enume¬ 
rated - - per lb. 1 

--of cotton or 

linen, or of both, printed, 
stained, or coloured - - 12| 

-of ditto, not 

10 


printed, stained, or coloured, 
■ ■ — of glass, See 


Glass. 


of tobacco. 

See Snuff'and tobacco. 

•of wood, See 


Cabinet wares and woods 

" ■ --of the United 


States, spirits excepted 
Mats and floor cloths, or parts of 
either 

Malt - per bushel , 

Marble, slate, and other stone, 
bricks, tiles, tables, mortars, 
and other utensils, of marble 
or slate,and generally all stone 
and earthen ware 
Madeira wine, See wines.' 

Malaga wine per gallon , 

Mace - - 

Medicinal drugs, except those 
commonly used in dying 
Merchandise, goods, aud wares,. 
imported directly from China 


-> free. 


161 
1 bi¬ 
ll 


16* 

11 

free. 


16* 

1* 


161 


n 

22 

161- 


16| 


161 


1* 


m 

n 


15 

10 


- 15 

20 

15 

- 15 


free. 

16| 

11 


22 

16* 

16! 

























AMERICAN DUTIES. 


Cents 

«r India in ships or vessels not 
of the United States, except 
teas, china ware, and all other 
articles, liable to higher rates 
of duties - - 

Merchandise, goods, and wares, 
intended to be re-exported to 
a foreign port or place in the 
same ship or vessel in which 
they shall be imported, and 
all articles of the growth, pro¬ 
duct, or manufacture, of the 
United States, spirits excepted, free 
Merchandise, goods, and wares, 
not herein otherwise particu¬ 
larly enumerated and described 10 
"Mittens and gloves of every kind, 15 
Millinery, ready-made - - 15 

Molasses - - per g all. 3 

Muskets and firelocks, \yitl\ 
bayonets suited to the same,and 
musket-ball, or parts of either 15 
Mustard, in flour - - 15 

Muslins and muslinets printed, 
stained, or coloured - 12 

. -- — - not printed, 

stained, or coloured - 10 

NAILS - - per lb. 2 

Nankeens - - "12. 

Nutmegs - - - 15 

ORANGES - - - 15 

Ornaments for women’s head¬ 
dresses - - - 15 

Ointments, oils, and odours, See 
Pmvders, pastes, £$c. - 15 

Olives - - - 15 

Oil ... 15 

Oporto and Lisbon wine, per gal. 25 
PAPER-hanghgs - - 15 

-, writing and wrapping, 10 

.-, sheathing and cartridge, 15 

Painters’ colours, whether dry or 
ground, in oil, ©accept those 
commonly used in dying - 15 

Packthread and twine per ciof.. 400 


Pasteboards, parchment, and 
vellum - 
Paste-work and jewellery 
Phaetons, or parts thereof 
Plaster of Paris 
Pewter manufactures 
-, old 


IQ 

- 15 

- 20 

- free. 

- 15 

- free. 
C 

15 
15 
10 
4 
15 
10 


Cents 


(Porter, on value of the bottles. 
Powder for the hair 
'—*-gunpowder 


Cents 
10 
15 
- 10 


m 


ree. 

11 

161 

G T5 


161 

161 

m 

ii 

164 

16} 

16} 

161 

164 

164 

271 

icf 
11 
161 


Pepper - - per lb. 

Perfumes - 
Pistols, or parts thereof 
Pictures and prints 
Pimento - - per lb. 

Pickles of all sorts 
Printing-types 

Printed, stained, or coloured, 
goods, or manufactures of cot¬ 
ton, or of linen, or of both - 
Philosophical apparatus* speci¬ 
ally imported for any seminary 
of learning - - -free. 

Porter, beer, and ale, in casks 
or bottles - per gall. 8 


1S4 

440 

11 

161 

22 

free. 

161 

free. 

6? 

164 

164 

ll“ 

161 

11 


12 } 1 31 


free. 




jPowders, pastes, balls, balsams, 
ointments,oils, waters, washes, 
tinctures, essences, _ or other 
preparations or compositions, 
commonly called sweet scents, 
oddurs,perfumes, or cosmetics, 
and all powders or preparations 
for tiie teetli. or gums - 13 

Plumbs and prunes - - 15 

RAISINS - - - 15 

Raw hides and skins - - fr< 

Rum - - See Spirits. 

SALT, weighing more than 
56 1b. -* per bushel,. 12 

—, weighing 56 lb. pfer bushel 
or less - per bushel, 12 

Note.—The duties on salt are to 
be estimated at the rate of 12 
cents per bushel weighing 56 lb. 
or less ; but the additional 
duties on salt, imported in 
foreign vessels,will result from 
the quantity by measurement 
only; thus, 

S u ppose a cargo of sal t- to contain 
by measurement,4000 bushels, 
and that the same cargo weighs 
280,000 lbs. the duties will be 
as*follow, viz. ' 

If imported in an American 
vessel, 280,000 lb . at 12 cents 
per 56 lbs. is 600 dollars. 

If imported in a foreign vessel, 
280,000 lbs. at 12 cents' per 
56 lb. is 600 dollars, and the 
Additional duty on 4000 bushels, 
at 1} cents per bushel, is 48 
dollars, making together, 648 ■ 
dollars 

Salts, glauber - per ciot. 200 
Stained, printed, or coloured, 
goods, or manufactures, of 
cotton, or of linen, or of both, 12} 
Saltpetre - free. 

Saint-Lucar wines per gall. 30 

Starch - - - 15 

Sail-cloth - - - 10 

Slate, stone, and stone ware - 15 

jSaddles, or parts thereof - 10 

ISatins and other wrought silks - 10 

Steel - - per ciot. 100 

-, iron, or brass locks, 

hinges, hoes, anvils, and vises, 10 

- All other manufactures of 

steel - - - 15 

Sheathing and cartridge paper - 15 

Sherry wine - per gall. 33 
Sea-stores of ships or vessels - free. 
Spermaceti candles - per lb. 6 
Sweet scents, See powders, pastes , 

£c. 15 

Spirits distilled in foreign coun¬ 
tries, viz. 

From grain, First proof, per gall. 28 


21 

Cents 

U 

1 Bi¬ 
ll 


16} 

164 

i<4 

free. 


131 


1 31 


220 


131 

rce. 

33 

16} 

11 

16 } 

11 

11 

110 

11 

16} 

16} 

free. 

16 } 


Fjruin 



















A ME R 


Cents 

From grain,Second proof, pergall. 

29 

Third ditto 

- per gall. 

31 

Fourth ditto 

- per gall. 

34 

Fifth ditto 

- per gall. 

40 

Sixth ditto* 

- per gall. 

50 

From other materials. 


First proof 

- per gall. 

25 

Second ditto 

- per gall. 

25 

Third ditto 

- per gall. 

28 

Fourth ditto 

- per gall. 

- 32 

Fifth ditto 

- per gall. 

38 

Sixth ditto 

- per gall. 

46 

Spirits, distilled 

in the United 



States, imported in the same 
ships or vessels in which they 
had been previously exported 
from the United States, viz. 
From Molasses, 

First proof - per gall. 

Second ditto - per gall. 

Third ditto * per gall. 

Fourth ditto - per gall. 
Fifth ditto - per gall. 

Sixth ditto - per gall. 

From materials of the growth or 
produce of the United States, 
First proof - per gall. 

Second ditto - per gall. 

Third ditto - jper gall. 

Fourth ditto - per gall. 

Fifth ditto - per gall. 

Sixth ditto - per gall. 

Spikes - - per lb. 

Silver and plated ware 
Silver lace - 

Skins, raw - 
Shoes and slippers of silk, perpr. 

- . ,other shoes and slippers for 

men and women, clogs, and 
goloshoes - 

— -' ,other shoes and slippers for 
children 
S Words and cutlasses, or parts of 
either - 

Stockings - 

Stone and earthen ware 
Soap - - per lb. 

Solos and other carriages, er 
parts thereof 
Sulphur - 

Sugars, brown - per lb, 
-—— , white clayed, per lb, 

- —, ditto powdered, per lb. 
-, all other clayed or pow- 


Cents) 

**»& 

ft 

44 

55 


27i 
2?i 
30 i 
35i 

50’ 


13 

14 

15 
17 
21 
28 


7 

8 
9 

11 

13 

18 

1 

15 

15 

free 

25 


15 

- 10 

15 
15 
15 
2 

20 

free. 

n 

3 


dered 

-, lump 

-,loaf 

-, other refined, 


per lb. 
per lb. 
per lb. 
per lb. 
per lb. 


13 

14 

15 
17 
21 
28 


7 

8 

9 

11 

13 

18 

H 

m 

16* 

free. 

271 


Sugar-candy 
Snuff 

TASSELS and trimmings, com¬ 
monly. used by upholsterers, 
coach-makers, and saddlers - 
Tables of marble, slate, or other 
stone, or parts thereof 
Tallow eandUfc - per lb. 


1* 

6* 

9 

61 - 

10 

22 


15 

13 


m 

i\ 

m 

164 

161 

of 

5 

22 

free. 

H 


DUTI ES. 

Teas, from China and India, 
Bohea - 

Souchong and other black 
teas - - 

Hyson,imperial,gunpowder 
or gomee 

* Other green teas 
From Europe, 

Bohea - 

Souchong and other black 
teas - * - 

Hyson,imperial,gunpowder 
or gomee 
Other green teas 
From any other place, 

Bohea - 
Souchong and other black 
teas - 

Hyson,imperial,gunpowder 
or gomee 
Other green teas 
Teas imported from China or 
India, in foreign bottoms, pay 
one half more, and from Eu¬ 
rope one fourth more, duty 
than those imported in Ame¬ 
rican vessels; and all other 
goods, wares, and merchan¬ 
dise, imported in foreign bot¬ 
toms, from all other places, 
pay one tenth-additional duty. 
Feneriffe wine - per gall. 
Twine and packthread, per cwt. 
fin manufactures - - 

—, in pigs and plates <- 

Tinctures,See powders,pastes,^c. 
Files and bricks 

Toys, not otherwise enumerated, 
Tobacco manufactured, other 
than snuff 

Tools of the trade or profession 
of persons who come to reside 
in the United States 
Types for printing 
VELVETS and velverets 
WARES of tin, pewter, and 
copper - 

-, earthen or stone 

china 

gold silver, and plated, 
goods,and merchandise, 


Cents 

Cents 

12 

15 

18 

27 

32 

50 

20 

30 

14 

. 15 

21 

: 27 

40 

50 

24 

so 

15 

16* 

27 

29* 

-50' 

55 

30 

33 


7 5 

n* 

24 ?- 


16* 

16* 

Uh 


20 

400 

15 

free. 

15 

15 

10 

IQ 


free. 

10 

10 

15 

15 

15 

15 


440 
16 | 
free. 
164 
16* 
11 

11 


free. 

11 

11 

16* 

16* 

16-i 

i 


imported directly from China 
or India,in ships or vessels not 
of the United States, except 
teas, china ware, and all other 
articles, liable to higher rate 
of duties - - 

-, goods, and merchandise, 

of the growth, produce, or 
manufacture, of the United 
States, spirits excepted 
Wafers - - 

Waters and washes, See powders, 
pastes, kc. - _ 

Walking-sticks,whips,and canes 
Wax candles - - per lb. 


16, 


124 


free. free. 

15" 

16* 

15 

16* 

10 

11 

6 

6,1 

\Yatcllus 



























AMERICAN DUTIES. 




S\ 


Watches and clocks, or parts of 
either - 

Wines, in. casks, bottles, or other 
vessels, 

— . , London, particularly Ma¬ 
deira - - per gall 

-—-A London market, per gall. 

- - , Other - per gall. 

— - , Sherry - per gall. 

-, Burgundy andChampaigue 

per gall. 

*— — , St. Lucar - per gall. 

-•, Lisbon & Oporto, per gall. 

— ■, Teneriffe, Fayal, and 

Malaga - per gall. 

- - All other wines not to 

exceed SO cents per gallon, in 
American vessels, or 33 cents 


Cents' Cents\ 

Cents. 

Centk 



per gallon in foreign vessels 


15 


nor be less than 10 cents per 
gallon in American vessels, or 

11 cents per gallon in foreign 
! vessels - per cent. ad. val. 40 

44 

5G 


On value of the bottles - 10 

11 

49 


Window glass - - -15 


40 

44 

Wire of brass and iron - - free. ! 

free. 

33 


Wool and cotton cards, pr doz. 50 ! 
-unmanufactured - - free. ! 

55 

free. 

40 

44 

Wood unmanufactured - free, j 

free. 

50 

33 

- manufactured, exclusive 


25 

O'*-! 

of cabinet-wares - - 12- 

Yarn untarred - per chit. 225 

1S| 

247* 

20 

22 

All other goods not before parti¬ 
cularly enumerated and de- * 1 
scribed - - - - 10 j 

f 

U 


TONNAGE. 

By Act of July 20, 1790, to be paid in Ten Days after Entry and before 

Clearance. 

O Cents. 

N vessels of the United States from foreign ports — — — — 6 

-- built in the United States after the .20th of July, 1789, but owned in 

'part or wholly, by foreigners — — — — *— — — 30 

All other vessels — — — s — — — — — — 50 

.Every vessel employed in transporting goods coastwise , except such vessels be built 
in and belonging to citizens of the United States, on each entry 
Vessels built in and belonging to citizens of the United States in coasting-trade or 
fishery, pay only once,a year, if licenced — — — — — —- 

2f not licensed, pay with goods taken in one state to be delivered in another, except 
the adjoining state, on each entry —- — —- — —• — 

FEES to Collector aWNaval Officer. 

Entry of a vessebof 100 tons or upwards — — — 

Clearance of ditto — — — — — — 

Entrance of a vessel under 100 tons —■ — —- — 

Clearance of ditto — — — —- — — - 

Permit to land goods — — — — — — 

Every bond taken officially —- — —- — — 

Permit to land goods for exportation, for drawback —- - 

For every official certificate or bill of health — — — 

Every other official document (register excepted) — —- - 

FEES to Surveyor. 

For measurement of a vessel of 100 tons and under — — — per ton, 0 

For ditto, 100 to 200 tons — — — — — — — 

For ditto^ above 200 — — — — — — — 

On each vessel of 100 tons and upwards, with goods subject to duty — 

—-under 100 tons, with ditto — — — — 

All vessels not having goods subject to duty — — — —> — 

DUTIES PAYABLE IN 

Gold coins of Great Britain and Portugal, of their present standard,every 2/ grs, 

Gold coins of France, Spain, and the dominions of Spain 27 2-5th grs. 

Spanish milled dollars — — - s * — — 17 dwt. 7 grs, 

Crowns of France — — — — — — 18 dwt. 17 grs. 

Bate of foreign Coins for estimating Duties. 

Dols.Cts. 


— — 50 


<5 

Dols.Cts . 
2 50 
2 50 
50 ' 

50 
20 
40 
20 
20 
20 


1 

50 

0 

(1 

50 

60f 

0 

0 

0 

10 


Pound sterling — — 4 44 

Dutch florin or guilder — 0 59 

Mark Banco, of Hamburgh — 0 3S| 

Real Plate, of Spain «— 0 10 

Mill-Reaj of Portugal — 1 24 


Pound sterling, of Ireland 
Tale of China — 

Pagoda, of India 
R u p ee of B en gal *— 


Dols.Cts 
4 10 
1 4 & 

1 94 
0 55|> 

















AMERICAN DUTIES. 


£4 


^7 


A General Aestract the Revenue Laws; therein the several 
Parts of the Act's are digested , and transposed under distinct Heads, 
agreeably to the Subjects' frith which they have Relation . 

I. O f the Duty o f Masters of Vessels. 

Every master of a vessel, bound to the district of Nottingham, must, on penalty offive 
hundred dollars, deposit, for the surveyor of the port of Town-Creek, a manifest of the 
♦argo, unless he shall have previously delivered one to some officer of the customs coming 
on-board; bound to the district of Rappahannock, with the surveyor of the Port of Ur- 
tanna; to the district of Bermuda-Hundred, or City-Point, with the collector of Norfolk 
and Portsmouth, or of Hampton 5 to the district of South Quay, with the collector of 
Edenton. Which manifests the respective collectors and surveyors must, after registry, 
transmit, duly certified, to the officer with whom entry is to be made. 

Also, every master of a vessel, belonging wholly or in part to citizens of the United 
States, must, on arrival from any foreign country, have an accurate and true manifest of 
the cargo on-board ; and, in default thereof, he forfeits the value of all goods not in¬ 
cluded in such “manifest, unless due proof be made that no part of the cargo had been 
unshipped since taken on-board, and that such manifest had been lost, or mislaid, or de¬ 
faced, by accident, or was incorrect by mistake. Which manifest every master of a vessel, 
as aforesaid, must, on penalty of a sum not exceeding five hundred dollars, produce to 
the first officer of the customs who shall appear on-board after his arrival within four 
leagues of the coasts of the United States; and also to the first such officer who shall appear 
oil-board after Ins arrival in a district in which any part of his cargo is to be discharged ; de¬ 
livering, in either case, a copy thereof, by himself subscribed. The production «f the ma¬ 
nifest, and receipt of the copy, such officer must certify respectively, on penalty of five 
.hundred dollars, certifying, on the original, the day and year when produced, and the' 
delivery of a copy and, on.the copy, the day and year it was delivered. He must also 
transmit the said copy to the collector of the district to which such vessel is bound. 

If any part of the .cargo.es of such vessels as are laden with goods, and, bound to the 
United States y havearrived, within four leagues of the coast, be unladen previous to their 
‘coming into port and being legally authorised to unlade, all the goods so unladen, and 
any vessel or boat into which they may be put, are forfeited; and the master and mate of 
the vessel so unladen forfeit, each, one thousand dollars ; and every other person, aiding 
and assisting, treble the value of the goods unladen.—These forfeitures are not, however, 
incurred in case of unavoidable accident, necessity, or distress of weather, if duly notified 
and strictly proved. 

Also: if, after any ship or vessel has arrived within the limits of a district of the 
United States, from a foreign country, she leaves or attempts to leave it, (unless to pro¬ 
ceed to a more inferior district,) previous to report and entry made, the master forfeits 
four hundred dollars. And the collector, naval officer, surveyor, or any re venue-cutter, 
may arrest and bring her back; unless the departure was occasioned by distress of wea¬ 
ther, duress of enemies, or other necessity, which, in either case, must be strictly proved, 
FarthcY; every master of a vessel (ships of war and public packets excepted), must, 
within twenty-four hours after his arrival in any port of the United States, (if the usual 
hours of business will perrhit,) make report thereof to the chief officer of the customs at 
the port, and, within forty-eight hours, a farther report of the cargo, and deliver a ma¬ 
nifest to the collector. In default of which, he forfeits one thousand dollars. 

But masters of vessels, whereof only part of the cargoes is destined to any particular 
port oftheUnited States, may,after paying or securing the duties of such part, and giving 
bond equal to the amount of the duties on the remainder, that no part thereof shall be land¬ 
ed in the United States without due entry,proceed to the port or place of their destination. 

And, when the cargoes of any vessels are destined to ports in different districts, the 
master thereof may proceed from district to district, paying, in each district, the duties on 
such goods as may be delivered therein, and giving bond, to the collector of the district 
where they first arrived, for their due entry in every other district, and also obtaining, 
from the respective collectors, to whom any part of their cargoes may be reported, copies 
©f such reports, and certificates of the quantity and particulars of the goods delivered. 
Any master, in default of obtaining such copy and certificate, or neglecting to produce 
them to any subsequent collector, forfeits five hundred dollars. But, in case of spirits, 
such certificate must be had from, and produced to, the officers of inspection. 

Sea-stores, being exempt from duty, must be designated as such in the master’s report; 
and, if excessive, the duty may be estimated on the excess, the value.whereof is forfeited 
unless such duty be paid; as also treble the value of any article thereof, if landed for sale. 
Vessels, not bound to the United States, but putting in in distress, the master and mate 
must, within twenty-four hours, make protest, setting forth the circumstances of the dis¬ 
tress, before a notary-public, or other person duly authorized ; and, within forty»-eight 
hours, report of the cargo as in other cases; and the distress being duly certified by the 

wardens 


25 


* 

/ 


AMERICAN DUTIES, See. 

the poit, permits may, if necessary, be granted for unlading; the collectors causing the 
goods unladen to be stored, and, if damaged, or if necessary, in repairing the ship, allow¬ 
ing them (the duties thereon being first paid) to be sold. 

Masters of vessels bound to foreign ports, previous to obtaining a clearance, must de¬ 
liver, to the collectors of the district from which they are about to sail, manifests of their 
cargoes; and any master departing without a clearance forfeits two hundred dollars. 

The penalty of false-swearing, as well of masters of vessels as of the owners or consignees 
of goods, or their factors or agents, is fine or. imprisonment, or both; not exceeding, in 
case of the former, one thousand dollars ; of the latter, one year. 

No master of a vessel, arriving 4t any port where there is a post office, may report or 
make entry, till he has delivered to the post-master all letters in his possession directed 
to any person within the United States. 

2. Of the Duty of the Owners or Consignees of Goods. 

Within fifteen days after the master of any vessel shall have made report to the collec¬ 
tor, the owners or consignees, or their factors or agents, must, on oath or affirmation, 
make entry, with the said collector, of the goods consigned to them, particularizing the 
marks, numbers, and contents, of each package; or, if in bulk, the quaritity and quality; 
producing the original invoices, documents, and bills of lading, and declaring, that, should 
any other goods afterwards appear to be consigned to them, they will make it known, in 
order to a due entry thereof. 

Articled exempt from duty, as clothes, books, household-furniture, See. must be sepa¬ 
rately and distinctly entered by their owner or his agent; who according- to the best of 
his knowledge, must make oath respecting such owner, his occupation, arrival, or ex¬ 
pected arrival; and that the said articles are really intended for his or his family’s use, and 
not for sale ; which oath, being indorsed on the entry, must be subscribed by the person 
makiug it. And in case such person be not the real owner of the goods, he must give 
bond, that a like oath shall, within a year, be had of the real owner, either taken before 
the collector with whom the entry is made, or produced to him duly executed. A copy^ 
»f which oath and entry must be transmitted to the secretary ofthc reasury. 

Report and entry must also be made on the re-importation of articles of the growth or 
manufactures of the United States. Such articles being duty-free, their identity must be 
carefully proved. For which purpose, the oaths of such persons as have knowledge of 
the facts are required, relative to the time of their exportation, the ship in which, and the 
person by whom, exported ; and, if imported into any other district than that from which 
they were exported, a certificate from the collector of the district, certifying their expor¬ 
tation : such certificate, however, being dispensed with, where it cannot be immediately 
produced, on giving bond for its production within four months. 

No goods imported from a foreign country maybe unladen till the duties, agreeably to 
an estimate made by the collector and naval officer, (where there is one at^the port,) are 
paid or secured; and a permit, signed by the said collector, and countersigned by the said 
naval officer, (where there is one at the port,) granted, nor in any case, except by special 
license, unless between sun-rise and sun-set. Goods unladen in viol tion of thes - restric¬ 
tions (as also the vessel and her tackle, where the value of the goods amount to four hun¬ 
dred dollars) are forfeited; and every person concerned therein incurs a penalty of four 
hundred dollars, of being advertised in the public papers, and incapacity of holding office 
for seven years. Also, goods requiring to be weighed or gauged may not on penalty of* 
forfeiture, be removedTrom the wharf v. here first landed, without the presence of a proper 
•ffieer, till it be done. 

Goods, whereof the entry does not sj. ecify the particulars, are required to be stoied till 
the particulars are ascertained and the duties adjusted. And in all cases, where the final 
adjustment of the duties exceeds the estimate thereof before taken, the difference ,s to be 
paid to the collector; and where it is less than such estimates, the party having paid or 
secured them agreeably thereto, to be refunded or credited, as rhe case may be. 

3 Of the Dufy o f the Officers of the Customs. 

The officers of the customs are required to take oath abd give bond for the faithful 
discharge of the duties of their respective offices; and, for default of the former, they incur 
a penalty of two hundred dollars. 

The collectors are impowered, in presence of the naval officer, where there is one, t» 
administer the necessary oaths to masters of vessel', the owners of goods, &e. And col¬ 
lectors, naval officers, and surveyors of ports, may, in case of absence oi sickness, act by 
deputy. 

To superintend the delivery of goods, inspe' tors may be put and kept on-board of vessels, 
while lying in port , or, while going from district to distent, may prohibit any goods from 
being unladen without a permit, and, after sun-et, secure the hatches, vn h mc, ot 
be o ened, extent .in their presence o i penalty oi two hi mired dollars. I*-.Tike mm- er, 

Ike officers oi the customs, iuclud ug those u* the revenue-cutters, may, as well w -the t 

d as 


/ 


26 AMERICAN DUTIES, &c. 

as within their refpe&ivc diftriAs, go on-board all fuch veffels as, bound to the United 
States have arrived within four leagues of thp coaft, may demand manifelts, examine . 
rhe cargoes, and defignate any trunk or package, being feparate from the reft of the car¬ 
go, fealing the fame, if thought proper, and tranfmitting to the collectors of the diftriAs 
to which fuch veffels are bound, a particular account thereof; and any fuch trunk or 
package, on arrival, not appearing, or the feal being broken, fubjeCts the mafter to a 
penalty of two hundred dollars. Such officers may, in like circumftances, make feizures 
where goods are legally forfeited; and if, in any cafe, impeded or refilled in the execu¬ 
tion of their duty, the perfon offending forfeits a fum not exceeding four hundred dollars. 

Entries on the delivery of the cargoes of veffels mult, when fuch a delivery is com¬ 
pleted, be compared with the entries of the owfters or conlignees, and the refultcndorfed 
on the r^fpeCtive entries, and fubferihed by the officers making the comparifon. And, 
in cafe any package which fhall have been reported be miffing, the mafter forfeits five 
hundred dollars; but may fave the penalty by making due proof, before proper autho¬ 
rity, that no part of his cargo, ftnee taken on board, had been unihipped, except as con¬ 
tained in his report, or that fuch difagreement was by accident or miftake. 

In cafe any goods, other than fait and coal, remain on-board any veffcl fifteen days 
after the matter's report is required to be made, the fame muft, by the infpeAors, be 
delivered into the cuftody of tne collector; who, keeping them at the rilk of the owner, 
may, at the expiration of nine months, if claim be not prcvio'ufiy made, caufe them to 
be appraifed by two reputable merchants, (to afeertain the duties thereof,) and fold at 
public auction, retaining the duties and paying the overplus, if any, for the ufe of the 
owner, into the treafury of the United States. And, when good? are damaged, or not 
accompanied with the original invoice, the duties may be ascertained by appraifement 
of two merchants, the collector choofing one, and the owner the other; or goods, not 
accompanied with invoices, may, at the option and rilk of the owner, be kept by the 
collector till the invoice be obtained. But goods entered and not invoiced are forfeited; 
and any colleAorTufpcAing invoices to be not according to the true value of the goods, 
may caufe an appraifement thereof to be made, as in cafe of damaged goods- 

Or) fufpicion of fraud, packages whereof entry has been made, may, in the prefence 
©f tw© or more reputable merchants, be opened and examined ; and, in cafe of difagree¬ 
ment, unlefs it be proved to have been by accident or miftake, fuch articles as difagree 
with their refpe&ivc entries arc fubjeA to forfeiture. And any perfon, purchafing goods 
liable* to feizure, knowing them to be fuch, forfeits double their value. 

Officers of the cuftoms, demanding or receiving other than legal fees, incur a penalty 
of two hundred dollars ; and, accepting a bribe or reward for conniving at a falfc entry 
of veffels or goods, a penalty of not lefs than two hundred, nor greater than two thou- 
fand dollars. And perfons giving or offering fuch bribe or reward incur a like penalty. 

4. Of the Payment of Duties , Syc. 

In all cafes where the duties do not exceed fifty dollars, they muft be paid immedi¬ 
ately ; but, where they exceed that fum, they may be either paid im mediately or fecured 
py bond, for their payment, if accruing on VVeft-India goods, other than fait, in four 
months; on fait in nine months; on wines in twelvemonths; and on all other articles, 
teas excepted, one half in fix, one quarter in nine, and the remainder in twelve months ; 
which bond may, at the option of the obligor, either include one or more furcties, or, 
without fureties, be accompanied with a depofitof part of the goods. And the duties 
on teas may be fecured by bond with fureties, payable in one year; or by bond without 
fureties, in double their amount, payable in two years; the teas being depofited, at the 
rilk and expence of importers, in warehoufes agreed on between them and an infpeCtor. 
And, n cafe of depofit, any part of the teas may be delivered to the owners, on paying 
or farther fecuring the payment of the duties, by bond, with fureties, to be paid, Vhere 
the duties do not exceed one hundred dollars, in four months ; where they exceed one 
hundred, and do not exceed five hundred dollars, in eight months; or, where they ex¬ 
ceed five hundred dollars, in twelve months. But the credit by the laft-mentioned bond 
muft not exceed two years from the depofit of the teas ; the collector, then, having power 
to caufe fo much thereof to be fold at puolic auction, as will difeharge the arrears of 
duties.ftill due, with cofts of falc. 

Bonds for duties not being paid at the time they become due, the collectors are re¬ 
quired to inftitute fuits for their recovery; and, in cafe of infolvency, the debts due to 
to the United States to have priority. 

5. Of the Mariner in which Goods muft he imported. 

Spirits, wines, and teas, muft, on pain of forfeiture, at leail of the two former, be 
landed under the fuper intendency of feme officer of infpeCtion, to whom all permits 
from collectors for their landing muft be previoufty produced. 

Diftilkd fpirits may not be imported in any calk which (hall not have been marked, 
purfuant to any law, icfpeding fuch fpirits, on pain of ‘forfeiture of the (hip or \eflei 
importing them. . Nor may any diftilkd fpirits, except arrack and fweet-coi dials be im¬ 
ported 


AMERICAN DUTIES, &c. 


27 


in cases of less capacity than ninety gallons, on pain of forfeiture. Ale, beer, o.r porter, 
may not be imported in less casks than of the capacity of forty gallons, or in less packages 
than six dozen bottles, on pain of forfeiture thereof, and of the ship or vessel importing 
them. 

No goods other than household-furniture and clothes of persons coming into the 
United States for the"purpose of becoming inhabitants, may be brought from a foreign, 
country into any district thereof, Louisville, Champlain, and South-Hero excepted, in 
any other manner than by sea, nor by sea in vessels less than thirty tons burthen, on pain 
of forfeiture of all such goods, and the carriages, teams, or vessels, by which conveyed. 

No refined loaf or lump sugar shall be imported into the United States from any foreign 
port or place, except in ships or vessels of the burthen of one hundred and twenty tons 
and upwards, and m casks or packages containing each not less than six hundred pounds, 
on pain of forfeiting the said ships or vessels, and the loaf and lump sugar imported 
therein, except in such casks or packages as aforesaid. 


Allowance on draft on C. 


1 

1 

2 

3 

10 


or 

to 


112 lb. 

2 cwt. 

3 
10 
IB 

above 18 


at 


Tare on chest behea tea — — — 

Half-chest — — — 

Quarter-chest —- — — 

Chests of hyson or green, weighing 70 lb. and upwards 
Gunpowder — — —- 

Other chests of tea, 50 to 70 lb. — 

All others according to invoice. 

Coffee, in bags, 2 per cent. 

Bales, 3 per cent. 

Casks, 12 per cent. 

Tepper in Bales, 5 per cent. 

Casks, 12 per cent. 

Sugars (other than loaf,) in casks, 12 per cent 

Boxes, 15 per cent. 

All other goods according to the invoice thereof. 
Leakage. 2 per cent, on liquors in casks. 


lib. 

2 

3 

4 
7 

9 

70 

36 

20 

20 

20 

18 


BOUNTIES. 

On every barrel of pickled fish exported, of the fisheries of the United States, 18 cents. 
On every barrel of salted provisions exported, salted within the United States, 15 cents. 
And, from and after the first day of January, 1793, an addition of 20 per centum to 
the allowances respectably granted to the ships or vessels employed in the bank or other 
cod fisheries. 


DRAWBACKS. 

Goods, imported into the United States, may be exported from any of the ports at 
which ships and vessels from the Cape of Good Hope, or from places beyond the same, 
may enter, under the following conditions : 

Twenty-four hours notice to be given before shipping the goods. . 

Goods, entered in one district, and intended to be exported from another district, must 
be accompanied by a certificate from the collector of the district into which such goods 
were imported, specifying the marks, numbers, and descriptions, of the casks or packages, 
with the names of the master and vessel in which, the time when, and the place whence, 
they wereimported ; and, where they pay duties by weight or measure, the quantity of 
each, and in all cases the amount of the duties paid or secured thereon 

To obtain the above certificate, an entry must be made out by the person applying, 
specifying the marks, numbers, and descriptions, of the casks or packages, and their con¬ 
tents, the names of the piaster .ml vessel in which, the time when, and the place whence, 
they were imported ; the name of the master or, vessel into which they are intended to 
be laden, and the district of the United States to which they are destined ; and shall make 
oath or affirmation to the truth of such entry $ such goods to he entered with the col-, 
lector of the district into which they shall be brought previous to the unloading of the 
same——See Form of Entry, (A.) , 

Coffee in casks or other packages, liquors in casks, or any unrefined sugars, may be hltea 
up out of other casks or packages, included in the original importation, or into new casks or 

d 2 package^. 


28 


AMERICAN DUTIES, Lc. 

packages, in case the original casks or packages shall be so injured as to be rendered unfit 
for exportation, provided it be done under the inspector of the port from which such mer¬ 
chandise is intended to be exported. 

Where goods, entitled to drawback, shall be intended for exportation from any dis¬ 
trict other than the one into which they were imported, besides producing the certificate 
before directed, the person shall make an'entry, and the goods shall undergo the same 
examination as is by law required, relative to goods intended for exportation. 

For all goods entitled to drawback, exported from the district into which they were 
originally imported, the exporter shall receive from the collector of such district a deben¬ 
ture or debentures for the amount of such drawback, payable at the exact time or times 
on which the duties on such goods will become due* except the same shall be within, 
thre? months, in which case the said debenture shall be payable in three months. 

Where goods are exported from any district, other than the one such goods were im¬ 
ported into, the collector to grant the exporter a certificate of such exportat on : and such, 
certificate shall entitle the possessor thereof to receive, from the collector of the district 
where the duties on such goods were secured or paid, a debenture or debentures, for the 
amount of the drawback expressed in the said certificate, payable in the same manner 
as before-me tioned Provided that no drawback be allowed on goods where the duties 
on exportation do not amount to twenty dollars, or on distilled spirits to less than one hun¬ 
dred and fifty gallons; or on any tobacco, snuff, or refined sugar, imported into the United 
States from any foreign port; and, in case the exporter is the original importer, the draw¬ 
back is not to be paid until the dutieson the exportation thereof shall have been first received. 

Bonds to be given by the exporter previous to a certificate being granted or debentures 
issued, with security to the satisfaction of the collector, in a sum double the amount of 
such debenture or certificate; to produce the proofs required by law, in respect of their 
being landed within th* limits of the United States, within one year, if exported to any 
port of Europe or America; or w'thin two years, if to any port of Asia or Africa; which 
certificate shall be under the hand of the consignee at.the foreign port or place to whom 
such goods shall have been addressed, particularly setting forth and describing the arti¬ 
cles so ex ortvd, with their quantities and amount, and declaring the same to have been 
delivered frsm on-board the vessel in which they were exported at the said place; also a 
certificate confirming the truth of the foregoing certificate, under the hand and seal of the 
cons o' or agent of the United States, rofinding at the said place; together with the oath 
of fie >;>,ister and#mate, if living, or, in case of their death, the oath of the two principal 
©iucers of the vessel in which the exportation shall be made. 

In case no consul or agent of the United States reside at the place of delivery, the cer¬ 
tificate of the consignee to be confirmed by that of two respecable American merchants 
at such place ; if there be no such American merchants, then by the certificate of two 
reputable foreign merchants, testifying that the facts are, to their knowledge, true, or 
that such or.signee’s certificate is, in their opinion, worthy of full credit. In cases of cap¬ 
ture. loss at sea, or other unavoidable accidents, to offer for consideration such proofs as 
they may have in their power to produce. 

Form of the Certificate to be returned by the Consignee , to whom Goods exported 
#• for Drawback are addressed. 

We, or I, merchant, residing at do hereby certify 

that there has been landed an<j left here from on-board the 

master, from the following merchandise, (here particularize fhe packages, 

v marks, numbers, and contents,) which said goods were consigned to me by 
merchant, Witness oar hands and seals, at 

this day of The above certificate to be accompanied by one under 

the hand and seal of the American consul or agent (if any there) ; in lieu of this, a certifi¬ 
cate of the following purport from two respectable American merchants, (if any resident 
there,) or, if not, of two reputable foreign merchants. 

We, (American) merchants, residing at do hereby certify, that 

the contents of the within certificate, or above certificate, (as may be,) is, to our know- 
jedge, just and true. 

Or, where the facts are not actually within their own knowledge : 

We, (American) merchants, residing at do certify, that 

from our knowledge qf (theconsignee,) wc think full faith and credit ought 

to be given to the within certificate. 

Drawback to be allowed upon snuff manufactured within the United States, and sugar 
refined within the same, and which shall be exported to any foreign port or place, pro¬ 
vided the same shall amount to twelve dollars and upwards. 


Form 



AMERICAN DUTIES, flt«, 

(A.) 

Form of an Entry, to be made out by a Person applying for a, Certificate it 
accompany Goods sent to another District for the Purpose of being exported it 
a foreign Port from such District. 


c 

e 

K 

»- 

e 

c. 

S 

0 

V 

1 

In what Vessel 
imported. 

| Master’s Name, j 

From whence im¬ 
ported. 

Mark. 

| Numbers. 

Description and 
Number of 
Packages. 

c 

V 

c 

c 

U 

VesseA’s Name in which laden, 

Master’s Name, j 

Port. 

Distfic?. 

1 




i 

1 




form of an Entry outward for the Benefit of Drawback. 

EN1RY of merchandise intended to be shipped by on-board ths 

master for for the benefit of draw-back. 

New York, 1796. 


Date of 

Import. 

In what 
Vessel. 

ii 

i z 

a 0 

2 S 
^ f 

By whom im¬ 
ported. 

Marks 

and 

Numbers. 

1 Packages 
j and 

; Contents. 

Enumerj 

1 Articles! 

Cost of 
ad-val. 
Articles. 

Amount 

of 

Duty. 








t 


Oath to be taken by the Exporter where he is the Importer also. 

I do solemnly that the several articles specified in the above entry were imported 

by me, or consigned to me, (as the case may be,) in the master, 

from that they were duly entered by me at the custom-house of this port, and 

the duties paid or secured to be paid thereou (as the case maybe); that they are the same 
in quantity, quality, and package, (and value, if articles paying an ad-valorem duty,) as at 
the time of importation, and are now actually laden on-board the 

master ; and that they are truly intended to be exported by me, in the said vessel, to the 
port of and are not intended to be re-landed within the United States. So 

help me, God. 

Oath to be taken by the Importer t token the Goods arc sold and to be exported 

by another. 

I do solemnly that the several articles, specified in the above entry, were 

imported by me, or consigned to me, (as the case may be,) in the master, 

from that they were duly entered by me at the custom-house of this 

port, and the duties thereon paid, or secured to be paid (as the case may be;) that they 
were the same in quantity, quality, and package, and value, (if articles pay an ad-valorem 
duty,) at the time of sale, to as at the time of importation. So help me God. 

Where Goods are exported by a Person not the Importer. 

I do solemnly that the several articles, specified in the above entry, were by 

me purchased of that they are now in quantity, quality, and package, and 

value, (if articles paying an ad-valorem duty,) the same as at the time of purchase; that 
they are now actually laden on-board the master; and that they are 

truly intended to be exported by me, in the said vessel, to the port of 
and are not intended to be re-landed within the United States. So help me, God. 

Any goods, subject to duty, being entered after the last day of May, 1795, by any 
agent, factor, or person, other than the bona-fide owner, or consignee, of such merchan¬ 
dise, the person so entering them is to give bond, in the sum of one thousand dollars, 
over and above what the duties may amount to, with condition, that the bona-fide owner, 
or consignee of such merchandise shall, on or before the first period of the payment of 
said bond becomes due, deliver to the collector a correct account of said merchandise, in 
legal manner and form, in respect to an entry previous to the landing of any merchandise, 
to be verified as in the case of an entry, by a like oath, or affirmation, before any judge of 
the United States, or the judge of any court of record of estate, or before a collector of 
the customs; and in case the duties are paid at the time of entry by such agent or factor, 
to give bond in the penal sum of one thousand dollars, that such an account from the 
bonafide owner or consignee, as above required, shall be delivered to the said collector 
within ninety days. 

Duties on goods imported to be paid as follows, where the sum, payable by one person 
or copartnership, shall amount to more than fifty dollars. 

On all articles, the produce of the West Indies, (salt excepted,) the one half in three 
laonths, and the other half in si*. On 



























i* AMERICAN DUTIES, & c. 


On all good?, &c. from Europe, (-wine, salts, and teas excepted,) one third in eight 
jstonths, one-third in ten months, and the remaining third in twelve months, from the 
time a! each respective importation. 

The valuation of goods, subject to the payment of duties ad valorem , shall be made 
Opon the actual cost at the place of exportation, including all charges (commissions, 
outside packages, and insurance, only excepted). 

The duties on wjnes shall not be less than ten cents per gallon. Bottles, in which 
liquors are imported, to pay the same duty as empty bottles. 

All parts of articles to be subject to the same duties as the entire article is subject to. 

The master or commander of any vessel that shall obstruct or hinder (or be the cause 
©f obstructing or hindering (any otficer of the revenue in going on-board his ship or ves¬ 
sel, for the purpose of carrying into effect any of the revenue-laws of the United States, 
ifcall forfeit a sum not exceeding five hundred, and not less than fifty, dollars. 

. Drawbacks of six cents per lb. allowed on snuff,manufactured witimi the United States 
after the last day of March, 179b, provided the quantity exported, at any one time, by 
the same person, shall amount to three hundred pounds, and the same be exported from 
any of the ports, at which ships or vessels from the Cape of Good Hope, or from any 
place beyond the same, are admitted to make entry. 

Before removal from the mill or warehouse, an entry must be made out, specifying the 
teutward packages, in which the same is intended to be exported; the name of the ma¬ 
nufacturer, the marks and numbers of each, the quantity of snuff in each package, and 
•he number of bottles, canisters, bladders, or other packages, containing the same ; the 
name of the vessel and master, in which the said snuff is intended to be exported, and 
the truth of such entry must be sworn to; and that the snuff therein specified, was ma¬ 
nufactured in the United States after the last day of March, 1795, and the name of the 
person by whom, and the mill where, it was manufactured, and that the same is truly 
and bonajide intended to be exported out of the United States, and that no part thereof 
i> intended to be re-landed therein. The goods are then to be inspected and laden on¬ 
board, as in the cases of other exportations. 

Bonds to be given by the exporter, with one or more sureties, in a sum double'he 
amount of drawback $ conditioned that the same shall not be re-landed within the United 
States, and the master of the vessel in which such snuff is shipped shall swear, that the 
packages specified in the outward entry are actually laden on-board his vessel, and that- 
the same, orany part thereof, shall not be re-landed within the United States. The above 
conditions being complied with, a debenture or debent ures to be granted for the amount 
•rf the draw-back on such snuff, payable in twelve months from the time of granting the 
same, to be paid by the collector issuing out such debenture; provided the person, de¬ 
manding the same, shall produce to the collector the oath or affirmation of the master and 
mate of the vessel in which the snuff for which such debenture was granted was exported j 
declaring that it was actually landed in some foreign port or place, and was not, or any 
part thereof, to the best of their knowledge and belief, re-landed or brought fyiolc to the 
United States; and the person, demanding such.payment, shall likewise swear that the 
snuff, for which such debenture was granted, was not, according to his, best knowledge 
ancj belief, re-landed or brought back to the United Staten. 

Snuff, exported for drawback, if re-landed, or attempted to, be rc-landed, to be forfeited, 
together with'the ship or vessel from which the same is unladen, and the vessel or boat 
in which it shall be put j and the master of the ship or vessel shall forfeit and pay five' 
hundred dollars. 

Form of the Epfn/for Exportation of Snuff 

ENTRY of Snuff intended to be exported by in the 

master, for New York. 




6- CL. 

|"C 

S rt 

*1 


£ £ 
75 44 


p ts 

or~ 


Manufacturer’s Name 


Name of 
theVesse) 


Master’sName 


To what Place 
exported. 


1 j I 

Drawback of five cents per lb. allowed on.sugar refined within the United States. The 
exporter to give notice of such exportation to the inspector of the port, and make entry 
•hereof; and to make oath before the collector that the sugar, so laden on-board the ves¬ 
sel specified in such entry, is truly intended to be exported to the place mentioned in 
iateh-entryand that they believe the duties thereupon have been truly paid, or secured 
to be paid, and shall give bond to the collector with two sureties j one of whom shall be 

the 
















31 


AMERICAN DUTIES, &c, 

master of the ship or vessel, in which the saicl sugar shall be intended to be exported* 
in the full value of said sugar, with condition, that such sugar shall be really and truly 
exported to and landed in some port, or place, without the limits of the United States j 
such drawback not to be paid until nine months after exportation. 

The bond, as above given, to be cancelled, by producing, within one year from the 
date thereof, if shipped to any part of Europe or America, and within two years, if ship¬ 
ped to any patt of Asia or Africa, a certificate of the consul, or other agent of the United. 
States, if any reside at the port or place where delivered; if no consul or agent, a certifi¬ 
cate of two known and reputable American merchants residing at such place; if there 
be not two such merchants, then a certificate of any other two reputable merchants, 
testifying thedelivery of such sugar at the said place; which certificate shall be confirmed 
by the oath of the master and mate, or like officer, of such vessel: and, when the certi¬ 
ficate shall be from any other than a consul, or agent, or merchants, of the United StqJk*,' 
it shall be a part of the oath of the master and mate, that there were not, upon diligent 
inquiry, to be found two merchants of the United States, at the said place. 

Sugar so laden for exportation, if re-landed or unshipped within four leagues of the 
coast of the United States, unless in case of necessity or distress, notice whereof shall be 
immediately given to the principal officer of the customs residing nearest to which such 
vessel may be, shall be forfeited, together with the ship or vessel on-board of which the 
same shall have been shipped-, with her furniture, &c. and the vessel, See. into which 
such sugar shall be unshipped or put. 


Form o f a Manifest for an American Vessel. 

REPORT and manifest of the cargo on-board the laden at the port of 

in the state of 


master, burthen 


and belonging to 


ton--, built at 


merchants at 


and bound for New York. 


Marks. 


Numbers. 


v~* 


Packages & Contents. 


By whom 
shipped. 


To whom consigned. 


N.B. When an American vessel hasgoods on-board for more than one port, they must 
he placed separately on the manifest. 

When the consignees are not known, the shippers must be given. 


Form of a Manifest for a Foreign Vessel. 

REPORT and manifest o the cargo on board the laden at the port of 

master, during the voyage, and now master, built,burthen, 

tons, last from and bound to New York. 


Marks. 


Numbers 


Packages & Contents. 


By whom 
•hipped. 


To whom 
consigned. 


Place of Residence. 


N.B. When the consignees are not known, the shippers must be given. 


Oath to be talien by the Master on coming to an Fntry. 

Respecting the d livery of his letters at the post-office. 

I do solemnly that I have delivered, to the post-master of this city, all letter* 

directed to any person or persons within the United States, which, under my care, or with¬ 
in my power, have been brought in the myself master, from 

those directed for the owner or owners, consignee or consignees, of the vessel excepted. 
So help me, God. 

On presenting his manifest. 

I do solemnly that the report or manifest, now delivered by me to the col¬ 

lector of this district, contains, to the best of my knowledge and belief, a true account of 
all the goods, wares, and merchandise, which were on-board the at the time of 

her sailing from the port of or at any time since, and of which vessel I am 

at present master ; and that no part of her loading has been unladen, landed, or other¬ 
wise removed from on-board, since her departure from said port, except such as i? now- 
specified and declared ; and I do farther that the several articles, therein specified 

as : sea-stores, are truly such, and were bona fide put on-board the said vessel, for the use of 
tire officers, crew, and passengers, thereof, and have not been brought,and are not intend* 
ed, by way of merchandise or for sale; and that, if 1 shall hereafter discover or know of 
any other or greater quantity of goods, wares, or merchandise, on-board the said vessel, 
than is contained in the said report or manifest, I will forthwith make due report thereof to 
the said collector. And 1 do farther that all matters whatsoever, in the said manifest 

■expressed, are, to the best of my knowledge and belief, just and true. So help me, God. 

Fotzm 




















jgs AMERICAN DUTIES, &<n 

form of Entry by an American Vessel « 


ENTRY of merchandise imported by in the 

•taster, from New York, 1796. 


Marks. 

Numbers 

Packages and 
Contents 

i 

e 

rj 

u 

u 

V 

rr 

| 10 per cent. | 

| 15 percent. 

i 

s 

1 ° 

J- 

V 

o 

| 40 per cent. | 

Free goods and 
Charges. 

Cost 

per Invoice. 




i. 







Form of Entry by a Foreign Vessel, 

ENTRY of merchandise imported by in the maste/, 

from New Ycrk, 1796. 


Marks. 

Numbers! 

Packages & 
i Contents. 

| 8 percent. [ 

£ 

u. 

4> 

CO 

r* 

£ 

V 

i 

-IW 1 

2| 

c 

V 

V 

% 

'V 

a 

' 

V 

2 

v 

u* 

a, 

| 16 percent. I 

| 16^ per cent. 

| lO^per cent. 

| 40 per cent. 

FreeGoods 
& Charges. 

Cost 

per Invoice^ 


i I 



i 

1 l 

Mill 

1 



Oath to be taken on making either of the above Entries . 

I do solemnly that the entry, now delivered by me to the collector of this 

district, contains, to the best of ray knowledge and belief, a true account of all the goods, 
tvares, and merchandise, imported by me, or consigned to me, in the 
master, from the port of and that the said entry also contains a true account 

of the net prime-cost thereof; and that the invoice and bill of lading, herewith produced, 
are the true and genuine ones by me received of the said goods, wares, and merchandise. 
And if I shall hereafter discover any other or greater quantity of merchandise than is con¬ 
tained in the entry aforesaid, I will forthwith make due report of the same to the said 
collector. And I farther that all matters whatsoever, in the said entry expressed, 

are, to the best of my knowledge and belief, just and true. So help me, God. 

Form of an Entry for Baggage , Household-Furniture , and Implements of Trade , 
Sfc. of Persons coining to reside in the United Stales. 

ENTRY of wearing-apparel, imported by in tlifc 

master, from New York, 1796. 

[ Here insert the particulars of the pack ages and their contents in grow.] 

Oath to be taken on making such Entry. 

1 do solemnly that the entry now exhibited by me, and delivered to the 

*ollectorof this district is true; and that the said entry contains, to the best of my know¬ 
ledge and belief, a just account of all the wearing apparel, 

imported by me in the master, from and that the articles 

contained in the several packages, designated in the said entry, are truly intended for the 
sole use of myself, (and family, when any,) and are not directly or indirectly imported 
or intended for sale. So help me, God. 

Form of an Entry for Goods intended to be transported across the Jersey t« 

Philadelphia. 


ENTRY of merchandise intended to be transported by of the city of 

merchant, across the State of New Jersey, to Philadelphia. 


Marks. 

— y . 

Numbers 

Number and 
Description of 
Packages. 

V ^ J 5 

Contents. 

By whom sent, i 

i 

| 

To whom consigned. 

• 





l ! 


Form 





































AMERICAN DUTIES, 35 

Form of an Entry for Goods, <§c. of the Growth, Product, or Manufacture , of 
the United States , returned. 


vFNTRY of merchandise exported from the district of In the 

master, for on the day of and returned 

in the master, from New York, 1796. 


Marks. 

Numbers. 

Packages and Contents. 





Oath to he taken by the Person making the above Entry, 

I do solemnly that the several articles, specified in the ahove entry, are truly of 

the growth, product, or manufacture, of the United States, and that they were duly ex¬ 
ported and imported as above-mentioned. 

N.B. When the goods so returned are exported from any other district than the one 
they may be imported into, bonds crust be entered into by the importer, in addition to 
ifre above oath,' in the amount of the duties, that, within four months from the date 
thereof, a certificate shall b 2 produced, from the collector of the customs for the district 
whence they were exported, that such goods were actually so exported ; in default of 
which, the bond to be forfeited and penalty paid. 


Form of an Entry Outward for the Benefit of Bounty, 

ENTRY of intended to be exported in the master, 

for for the benefit of bounty .---New York. 1796. 


Marks. 

Numbers. 

Packages and Contents. 





Oath to be taken on exporting Goods for the Benefit of Bounty, 

I do solemnly that the salted provisions, expressed in the entry now delivered 

by me to the collector of this district, are truly salted provisions of the United States ; 
and that the quantity of pickled fish therein expressed is actually of the fisheries of the 
United States. So help me, God. 

* 

Form of the Oath of the Master and Mate of the Vessel in which Foreign Spirits 
have been exported from the United States to Foreign Ports , to be produced 
to the Custom- fdouse, in order to cancel the Bond given on the Exportation 
thereof together with the Certificate here following. 

WE, master, and mate, of the do 

solemnly that there has been landed from on-board the said and left 

at ten puncheons of rum, and twenty^cases of gin, marked and numbered as 

per margin, which said rum and gin were shipped on-board the aforesaid 
by ° merchant, at New York. And we farther that we have made 

diligent inquiry, and that there were not to be found two American merchants residing 
at the aforesaid port of 

N.B. The latter part of the oath is necessarily omitted, when the certificate produced 
is either from an American consul, or two merchants of that description. 


Form of a Manifest outward. 

MANIFEST of the cargo laden on-board the master, from 

New-York, bound to 

[Here insert the particulars on-board.'I 


Masters Oath %n clearing out. 

I do solemnly that ihe manifest, now delivered by me to (lie collector of this 

district, contains a just and true account of all the cargo on-board the Tetsel called 
and whereof I am at present master. So help me, God. 

e Extras 













34 AMERICAN DUTIES, &c. 

Extract from the Act of Congress, passed on the twenty-sixth day of Teh. 
entitled, “ An Act, supplementary to the Act, entitled r * An ACT to provide 
more effectually for the Collection of fie Duties on Goods, Wares, and Merchan¬ 
dise, imported into the United States, and on the Tonnage of Ships or Vessels.* f 

Secf. 9th. (t And he it farther enacted, That all bonds which maybe given for any. 
goods, wares, or merchandise, exported from the United States after the last day of May 
next, and on which any draw-back of duties, or allowance, shall be payable in virtue of 
such exportation, shall and may be discharged, and not otherwise, by producing, witlvn . 
one year from the date thereof, if the exportation be made to any part of Europe or 
America, or within two years if made to any part of Asia or Africa, a certificate under 
the hand of the.consignee, at the foreign port or place, to w hom the said goods, wares, 
or merchandise, shall have been addressed, therein particularly setting forth and de¬ 
scribing the articles so exported, with their quantities or amount, and declaring that tha 
same have been delivered, 'from onboard the vessel in which they were exported, at the 
said place; as also, a certificate under the hand and seal of the consul or agent of the 
United States, residing at the said place, declaring either that the facts stated in such 
consignee’s certificate are to his knowledge true, or that the certificate of such consignee 
is, in his opinion, deserving of full credit; which certificate of the consignee and consul 
or agent shall, in all cases, as respects the landing or delivery of the said goods, wares, 
or merchandise, be confirmed by the oath of the master and mate, if living ; or, in case 
of their death, by the oath or affirmation of the two principal surviving officers of the 
. vessel in which the exportation shall be made. And, in cases where there shall be no 
consul or agent of the United States residing at the said.place of delivery, the certificate 
of the consignee, before required, shall be confirmed by the certificate of two reputable 
American merchants, residing at the said place; or, if there be no such American mer¬ 
chants, thenby the certificate of two reputable foreign merchants, testifying that the facts 
stated in such consignee's certificate are, to their knowledge, true; or that such consig- 
nee’scertificate is, in their opinion, worthy of full credit; which certificate shall he sup* 
ported by the oath or affirmation of the master and mate, or other principal officers of,the 
vessel, in the manner before described. And, in cases of Ios* at sea, or by capture, or by 
other unavoidable accident; or when, from the nature of trade, the proofs and certificate 
before mentioned are not, and cannot be. produced; the exporter or exporters shall be 
allowed to adduce, to the collector of the port of exportation, such other proofs as they 
mav have, and as the nature of the case wil l admit; which proofs shall, with a stating of 
all the circumstances attending the transaction, within the knowledge of such collector, 
be transmitted to the comptroller of the treasury, wbo shall, if he be satisfied with the 
truth and validity thereof, have power to direct the bonds of such exporter or exporters 
to be cancelled.” 


[To obviate embarrassments from the want of a general knowledge of the section of 
the act before-recited, and to introduce uniformity in the proofs required for cancelling 
bonds given on the exportation of merchandise, the annexed forms of documents have 
been prepared at the treasury, and their use is recomineuded.J 


. (A.) 

Torm of the Certificate or Consignee, declaring the Delivery of Merchandise 

at a foreign Fort. 

I, (A.A. or we, B.B afid C.C.) of the (city or town) of (merchant or mer¬ 

chants, and co-partners in trade,) do hereby certify, that the goods or merchandise here- 
in-after described have been landed in this (city, town, or port,) between the tenth and 
twentieth days of—————, from on-board the snow Edward, of Salem, whereof G. G. 
is at present master, viz. 

A.B. No. 1. a 10, ten hogsheads, > Containing fourteen thousand pounds weight 
C.D. No. 3, 6, 9, la, four tierces, $ of coffee. 

E.F. No. 14, 18, 22, 2b, \ Eight hogsheads, containing ten thousand pounds weight 
27,30,33,36, J „of brown sugar. 

G.H. No. 21 a 30, Ten chests, containing seven hundred pounds weight of hyson tea. 
I.K. No. 7, 16,19, Three hales, containing one hundred and fifty pieces of nankeens. 
Which, according to the bills of lading for the same, were shipped on-board the said 
StlQTV Edward, at theyport of Norfolk, in the United States of America, on or about the 
second day of August, 1795, and consigned to (me, or to us, by I. I. of the town of 
Norfolk aforesaid, merchant. 

Given under my hand, at the city ^ , —- -it^: . - i i rj. 1 

j&orvt 






S5 


AMERICAN DUTIES, Ac. 


F<w» of the Oath or Affirmation of the principal Officers of a Vessel, confirming 
the landing of Merchandise at a foreign Port. 

Port of-— - ' ■ — 

We, G. G. master, and H. H. mate, of the snow Edward, of Salem, lately arrived 
from the port of Norfolk, in the United States of America, do solemnly (swear or affirm) 
that the goods or merchandise, enumerated and described in the preceding certificate, 
dated the ————.day of — and signed by A, A. of the city o f — , mer¬ 
chant, was actually delivered in this port from on-board the said snow Edward, within 
the time specified in the said certificate. 

(Sworn or affirmed,) at the city of—————, before me, this——• 
Day of.- 


Form of a Verification of the Delivery o f Merchandise at a Foreign Port, to be 
executed by a Consul or Agent of the United States. 

I. M. M. consul or agent of) the United States of America, at tile city of———, 
do declare, that the facts set forth in the preceding certificate, subscribed by A. A. of the 

said city, merchant, and dated the — —day of-—, are, (to my knowledge,.] ust 

and true 3 or are, in my opinion, just and true, and deserving of full faith and credit). 

In testimony whereof, I have hereunto subscribed my name, and affixed tfye 
(seal.) seal of my office, at the city of . . ---, this . . . — - day of 


Form of a Verification of the Delivery of Merchandise,to be executed by American 
Merchants, or by Foreign Merchants, if there be no American, at a Port 
inhere no Consul or Agent of the United States resides . 

WE, the subscribers, (being American merchants,) residing in the city of-—' ■ >+, 

do declare, that the facts stated in the preceding certificate, signed by A. A. of the said 
city, merchant, on the——day of—■■ ■ are, (to our knowledge, just and true ; 
or, are, in our opinion, j ust and true, and worthy of full-faith and credit); we also de¬ 
clare that there (is no consul or other public agent for the United States of America, or 
American merchants, as the case may be,) now residing at this place. 

Dated at the city of-, this——day o f R S. 

T,L, 


IT is proposed that the certificate of the consignee, at the foreign portof delivery, be 
executed pursuant to the form marked (A.); or, if this form shall not be adopted, it will 
be necessary that the certificate should particularly set forth and describe the marks,num¬ 
bers, packages, and quantities, or amount of the goods or merchandise, so consigned j 
the time when landed or delivered; the denomination and name of the vessel; the port 
to which she belongs, and the name of the master; also, the time when, the port or 
place where, and the person by whom, shipped or consigned, and that the person cer¬ 
tifying the same is, in fact, the consignee. 

The oath or affirmation of the master and mate, if living, or, in case of their death, of 
the two principal surviving officers of the vessel, may be taken according to the form 
marked (B.), before the consul or agent of the United States^residing at (he portof de¬ 
livery ; or, if there be no consul or agent of the United States, residing there, befpre the 
chief civil-magistrate of the place: but, in cases where this cannot be done without in¬ 
curring considerable expense and inconvenience, the oath or affirmation may, on the 
return of the vessel,be taken before a collector of the customs for any district of the UnM 
|ed States, or before any other person‘duly qualified to administer oaths within the.same. 

With respect to the forms marked (C.) and (D.) it is only necessary to observe, that, 
in all,cases when merchandise entitled to a drawback or allowance shall be exported, and 
consigned to the master or supercargo of the vessel in w hich the exportation is made, or 
to any other persou whose reputation may not be well known at the place of destination, 
it will merit the attention of the exporter to consider the expediency of instructing such, 
consignee, to communicate seasonable information to the consul or agent of the United 
Slates, or to the American or foreign merchants, residing at the port of delivery, as the 
case may be, in order toobtain from him or them a confirmation of the facts required to be 
stated in the consignee’s certificate, by the declaration prescribed in the act before-recited. 
























36 


AMERICAN DUTIES, &c. 




The COINS of the UNITED STATES, 

As established by Law. 



GOLD 

COIN S. 




Grains of 

Grains of 


Dots. 

fine gold. 

standard ditto . 

Eagles, value, each 

. 10 . 

> • £ r 247 4-8- 

270 
for? 135 
> ( 67 1 

Half-Eagles . . 

. . 5 

V o 5 4 123 6-8 

Quarter-Eagles . 

• * 21 • 

> w 61 7-8 


Dollars . . . 

Half-Dollars 
Quarter Dollars 
Dismes . . , 

Half-Dismes 


SILVER COINS. 

Grains of Grains of 

pure silver. standard ditto* 
to 371 4-16 416 

185 10-16") f 208 

92 13-16 >or< 104 

37 2-16 J 1' 41 3-5 

13 9-16 20 4-5 


to 37 

}!{• 


COPPPER COINS. 

Cents, value each. 1-100 doll. > t 208 I grains of 

Half-ccat • . ! 1-200 doll. \ « ontalll ' n S J 104 ] copper. 


Mills. Cents. 

10 equal 1 Dismes, 

100 equal 10 equal 1 Doll, 

1000 equal 100 equal 10 equal 1 Eagle. 
10000 equal 1000 equal 100 equal 10 equal 1 


Four different currencies,or rates, at which any one species of coin, of the same vb- 
lue, is reckoned in the denominations of account, have perhaps, from the first settle¬ 
ment of America, been, and still continue to be, used in different parts of the union. In 
the New-England States, viz. New Hampshire, Massachusetts, including the district of 
Maine, Rhode-Island, and Connecticut*, in Vermont, Virginia, and Kentucky, the 
dollar is received at six shillings ; in New York and North Carolina, at eight shillings ; 
i»New Jersey, Pennyslvania,Delaware, and Maryland, at seven shillings and six-pence; 
afnd in South Carolina and Georgia, at four shillings and eight pence. 

Conceiving that, in an extensive and commercial nation, the trade and intercourse of 
one extremity with another will frequently render it necessary to reduce the currency 
of one to that of the other, we have framed the following 

RULES for reducing the Currencies of thedifferent States to aparwith each other; 

as also, for reducing the Money of Account of the United States to those Currencies, 
and, vice versa y by Decimals. 

1 . To reduce New England, Arc. to New York and North Carolina currency, to any 
given sum add its third part; and, vice versa, subtract a fourth part. 

2. To reduce New England, See. to New* Jersey, See. currency, add to any given sura 
its fourth part; and, rice versa, subtract a fifth part. 

3. To reduce New England, <Src. te South Carolina and Georgia currency, as 8 to 7; 
and, vice versa , as 7 to 8 ; so is the one currency to the other. 

4. To reduce New York and North Carolina to New Jersey, &c. currency, as Iq to 
15; and, vice versa, as 15 to 16 ; 9o is the one to the other. 

5. To reduce New York and North Carolina to South Carolina and Georgia currency, 
as 12 to 7; and, vice versa , as 7 to 12 ; so is the one to the other. 

g. To reduce New Jersey, &c. to South Carolina and Georgia currency, as 45 to 28 ; ' 
and, vice versa , as 28 to 45 ; so is the one to the other. 

7. To) reduce any of the above currencies to the money of account of the United 
States, let the inferior denominations, if any, in tho given sum, be annexed to the 
pounds in decimals, and divide, if the rate of the dollar be six shillings, by ,3; if eight 
shillings, by ,4; if seven shillings and six-pence, by ,375 ; if four shillings and eight 
pence, by ,23; and, pointing off the decimal according to rule, the figures to the left 
will be dollars, those to the right decimals of a dollar, or dismes, cents, and mills. And 
*0 reduce the money of account of the United States of either of the aforesaid currencies, 
multiply respectively by the decimals, by which, in the former case, it was directed t® 
divide* and the product will "be pounds and decimals of a pound, 

TABLE 



;37 


AMERICAN DUTIES, 

T A B L E 

Shewing the Number of Cent*;, and Decimal Parts of Ceuts, (or Mills,) in 
any Number of Shillings and Pence, less than a Dollar, in the Currencies 
of the different States. 


* 

*) 

V 

a 

4) 

1 s 

- 

f 8 

3 

3 

U 3 

New England, Vermont, 
Virginia, and Kentucky. 

New York and North 
Carolina. 

New Jersey, Pennsylvania. 
Delaware and Maryland. 

South Carolina and 
Georgia. 

* 

Shillings and pence, 
currency. 

New England, Vermont, 
j Virginia, and Kentucky. 

New York and North 

Carolina. 

New Jersey, Pennsylvania, 

Delaware and Maryland. 

South Carolina and 

Georgia. 

s. d. 

cents. 

cents. 

cents. 

cents. 

i s • 

d. 

cents. 

cents. 

cents. 

cents. 

0 1 

1,38 

1,04 

1,11 

1,78 

4 

1 

68,05 

51,04 

54,44 

87,50 

0 2 

2,77 

2,08 

o oo 

3,57 

4 

0 

69,44 

52,08 

55,55 

89,28 

0 3 

4,16 

3,12 

3,33 

5,35 

4 

3 

/ 0,83 

53,12 

56,66 

91,07 

0 4 

5,53 

4,16 

4,44 

7,14 

4 

4 

72,22 

54,16 

57,77 

92,85 

0 5 

6,7.4 

5,20 

5^55 

8,92 

4 

5 

73,61 

55,20 

58,88 

94,64 

0 6 

8,53 

6,24 

6,66 

10,71 

4 

6 

75,00 

66,24 

60,00 

96,42 

0 7 

9,72 

7,28 

7,77 

12,50 

4 

7 

76,38 

57,28 

61,11 

98,21 

0 8 

11,11 

8,32 

8,88 

14,28 

4 

8 

77,77 

58,-2 

62,22 

100,00 

0 9 

12,50 

9,37 

10,00 

16,07 

4 

9 

79,16 

59,37 

63,33 


0 10 

13,88 

10,41 

11,11 

17,85 

4 

10 

80,55 

60,41 

64,44 


0 11 

15,27 

11,45 

12,22 

19,64 

' 4 

11 

81,94 

6 1,45 

65,55 


1 0 

16,66 

12,50 

13,33 

21,42 

5 

0 

83,33 

'62,50 

66,66 


1 1 

18,05 

13,54 

14,44 

23,21 

5 

1 

84,72 

63,54 

67,77 


1 2 

19,44 

14,58 

15,55 

25,00 

5 

o 

86,11 

64,58 

68,88 


1 '3 

20,83 

15,62 

16,66 

26,78 

5 

3 

87,50 

65,62 

70,00 


1 4 

22,22 

16,66 

17,77 

28,57 

5 

4 

88,88 

66,66 

71,11 


1 5 

23,61 

17,70 

18,88 

30,35 

5 

5 

90,27 

67,70 

72,22 


1 6 

25,00 

18,75 

20,00 

32,14 

5 

6 

91,66 

68,75 

73,33 


1 7 

26,38 

19,79 

21,11 

33,92 i 

5 

7 

93,05 

69,79 

74,44 


1 8 

27,77 

20,83 

22,22 

35,71 

5 

8 

94,44 

70,83 

75,5!) 


1 9 

29,16 

21,87 

23,38 

37,50 

5 

9 

95,83 

71,87 

76,66 


1 10 

30,55 

22,91 

24,44 

39,28 

5 

10 

97,22 

72,91 

77,77 


l 11 

31,94 

23,05 

25,55 

41,07 

; 5 

11 

98,61 

73,95 

78,88 


2 0 

33,33 

25,00 

26,66 

42,85 

1 6 

0 

100,00 

75,00 

80,00 


2 1 

34,72 

' 26,04 

27,77 

44,64 

6 

1 


76,04 

81,11 


2 2 

36,11 

27,08 

28,88 

46,42 

6 

2 


77,08 

82,22 


2 3 

37,50 

28,12 

30,00 

48,2 2 

6 

3 


78,12 

83,33 


2 4 

38,88 

29,16 

31,11 

50,(50 

6 

4 


79,16 

84,44 


2 5 

40,27 

30,20 

32,22 

51,78 

6 

5 


80,20 

85,55 


2 6 

41,60 

31,24 

33,33 

53,57 

6 

6 


81,24 

86,66 


2 7 

43,05 

82,28 

34,44 

55,35 

6 

rr 

/ 


82,28 

87,77 


2 8 

4-1,44 

33,32 

35,55 

57,14 

6 

8 


$3,32 

88,88 


2 9 

45,83 

34,37 

36,66 

58,92 

6 

9 


84,37 

90,00 


2 10 

47,22 

■35,41 

37,77 

60,71 

6 

10 


85,41 

91,11 


2 11 

48,61 

36,45 

38,88 

62,50 

6 

11 

; . 

86,45 

92_,22 


3 0 

50,00 

37,50 

40,00 

64,28 

7 

0 


87,50 

93,33 


3 1 

51,38 

38,54 

41,11 

66,07 

7' 

1 


88,54 

94,44 


3 2 

52,77 

39,58 

42,22 

67,85 ! 

7 

2 


89,58 

95,55 


3 3 

54,16 

40,62 

43,33 

69,64 

7 

3 


90,62 

96,66 


3 4 

55,55 

41,66 

44,44 

71,42 

7 

4 


91,66 

97,77 


3 5 

56,94 

42,70 

45,55 

73,21 

7 

5 


92,70 

98,88 


3 6 

58,33 

43,75 

46,66 

7.5,00 

7 

G 


93,75 

100,00 


3 7 

59,72 

44,79 

47,77 

76,78 

7 

7 


94,79 



3 8 

61,11 

45,83 

48,88 

78,57 

7 

8 


95,83 



3 $ 

.62,50 

46,87 

50,00 

80,35 

7 

9 


96,67 



3'10 

63,88 

47,91 

51,11 

82,14 

7 : 

10 


97,91 



3 11 

65,27 

48,95« 

52,22 

83,92 

7 11 


98,95 



4 0 

66,66 

50,00 

53,33 

85,71 

8 

0 


100,00 




































































AMERICAN DUTIES, See. 


fiS 


TABLE 


SHEWING 

The Value of Dollars, from 1 to 10,000 in the Currencies of 

the different States. 


iA 

a 

o 

p 

New England, Vermont, 
Virginia, and Kentucky. 

New York and North 1 

Carolina. 

j New Jersey, Pennsylvania, 

j Delaware, and Maryland. 

South Carolina and 
Georgia. 

Dollars. 

New England, Vermont, 

1 Virginia,and Kentucky. 

1 

New York and North 

Carolina. 

New Jersey, Pennsylvania, 

Delaware, and Maryland. 

South Carolina and 

Georgia. 


£. s. 

£ 

s. 

\£. s. d. 

£. s.d. 


£. 

s. 

£. 

S. 

£. 

s. 

d. 

£. 

s. 

d. 

i 

0 6 

0 

8 

0 7 6 

0 

4 8 

35 

10 

10 

14 

0 

13 

2 

6 

8 

3 

4 

2 

0 12 

0 

16 

0 15 0 

0 

9 4 

36 

10 

16 

14 

8 

13 

10 

0 

8 

8 

0 

S 

0 18 

1 

4 

12 6 

0 

14 0 

37 

11 

2 

14 

16 

13 

17 

6 

8 

12 

8 

4 

1 4 

1 

12' 

1 10 0 

0 

18 8 

38 

11 

8 

15 

4 

14 

5 

0 

8 

17 

4 

5 

1 10 

2 

0 

1 17 6 

1 

3 4 

39 

11 

14 

15 

12 

14 

12 

6 

9 

2 

0 

6 

1. 16 

2 

8 

2 5 0 

1 

8 0 

40 

12 

0 

16 

0 

15 

0 

0 

9 

6 

8 

7 

2 2 

2 

16 

2 12 6 

1 

12 8 

41- 

12 

6 

16 

8 

15 

7 

6 

9 

11 

4 

8 

2 8 

'3 

4 

3 0 0 

1 

17 4 

42 

1.2 

12 

16 

16 

15 

15 0 

9 

16 

0 

9 

2 14 

3 

12 

S 7 6 

2 

2 0 

43 

.12 

18 

17 

4 

16 

2 

6 

10 

0 

8 

10 

3 0 

4 

0 

3 15 0 

2 

6 8 

44 

13 

4 

17 

12 

16 

10 

0 

10 

5 

4 

11 

3 6 

4 

.8 

4 2 6 

2 

114 

45 

13 

10 

18 

0 

16 

17 

6 

10 

10 0 

1 2 

3 12 

4' 16 

4 10 0 

2 

16 0 

46 

13 

16 

18 

8 

17 

5 

0 

10 

14 

8 

13 

3 18 

5 

4 

4 17 6 

3 

0 8 

47 

14 

2 

18 

16 

17 

12 

6 

10 

19 

4 

14 

4 4 

5 

12 

5 5 0 

3 

5 4 

48 

14 

8 

19 

4 

18 

0 

0 

11 

4 

0 

15 

4 10 

6 

0 

5 12 6 

3 

10 0 

49 

14 

14 

19 

12 

18 

7 

6 

11 

8 

8 

16 

4 16 

6 

8 

6 0 0 

3 

14 8 

50 

15 

0 

20 

0 

18 

15 

0 

11 

13 4 

17 

5 2 

6 

16 

6 7 6 

3 

19 4 

60 

18 

0 

24 

0 

22 

10 

0 

14 

0 

0 

18 

5 8 

7 

4 

6 15 0 

4 

4 0 

70 

21 

0 

28 

0 

26 

5 

0 

16 

6 

8 

19 

5 14 

7 

12 

7 2 6 

4 

s s: 

80 

24 

0 

32 

0 

30 

0 

0 

18 

13 

4 

20 

6 0 

8 

0 

7 10 0 

4 

13 4 

90 

27 

0 

36 

0 

33 

15 

0 

21 

0 

0 

21 

6 G 

8 

8 

7 17 6 

4 

18 0 

100 

30 

V 

40 

0 

37 

10 

0 

23 

6 

8 

22 

6 12 

8 

16 

8 5 0 

5 

2 8 

200 

60 

0 

80 

0 

75 

0 

0 

46 

13 

4 

23 

6 18 

9 

4 

8 12 6 

5 

7 4 

sod 

90 

0 

120 

0 

112 

0 

0 

70 

0 

0 

24 

7 4 

9 

12 

9 6 0 

5 

12 0 

400 

120 

0 

160 

0 

150 

0 

0 

93 

6 

8 

25 

7 10 

10 

0 

9 7 6 

5 

16 8 

500 

15Q 

0 

200 

0 

187 

10 

0 

116 

13 

4 

26 

7 16 

10 

8 

9 15 0 

6 

1 4 

900 

270 

0 

360 

0 

337 

10 

0 

210 

0 

0 

27 

8 2 

10 

16 

10 2 6 

6 

6 0 

1,000 

300 

*0 

400 

0 

S75 

0 

0 

233 

6 

8 

28 

8 8 

11 

4 

IQ 10 0 

6 

10 >8 

2,000 

600 

•o 

800 

0 

750 

0 

0 

466 

IS 

4 

29 

.8 14 

11 

12 

10 17 6 

6 

15 4 

3,000 

900 

0 

1,200 

0 

1,125 

0 

0 

700 

0 

0 

30 

9 0 

12 

0 

115 0 

7 

0 o 

4,000 

1,200 

0 

1,600 

0 

1,500 

0 

0 

933 

6 

8 

31 

9 6 

12 

8 

11 12 6 

W 

/ 

4 8 

5,000 

1,500 

0 

2,000 

0 

1,875, 

0 

0 

1,166 

13 

4 

32 

9 12 

12 

16 

12 0 6 

7 

9 4 

9,000 

2,700 

0 

3,600 

0 

3,375 

0 

0 

2,100 

0 

0 

33 

9 18 

13 

4 

12 7 6 

7 

14 0 

10,000 

3,000 

0 

4,000 

0 

3,750 

0 

O' 2,338 

6 8 

j 34 

10 4 

13 

12 

12 15 0 

7 

18 8. 








•I 





Cents. Cents. 


One Dollar . . is . . 

100 

One Crown . . 

. is . 

. 110 

One-half ditto •. 

50 ■ 

One-half ditto 

v . ; 

. 55 

One-quarter ditto , * . 

• 25- 

One Pistareen . 

; • . , 

. 20 

One-eighth ditto . . . 

m 

One-half ditto .- 


. 10 

One-sixteenth ditto , . . 

Oi 





TABLE 








































The Value and WeigTit of Coins, as they pass in the respective States of the Union, with their Sterling and Federal Value. 


AMERICAN DUTIES, &c. 



Milts. 

NOCOQCOC2NOONO 




•J 

Cents. 

(OOOOOON<OthO WO 

Q 



>■ 




Dismes. 

(OtOOOOOitsOHOWW 

c 



-o 

«L) 

Dollars. ( 

^^»X«0^?3CjHriO O 


Eagles. 

OOriOOi-^OOOOOO 


ti 

a 

3 .3 

.•OmOOOOO^OCOOt- 

ss 1— 


■X* g° 

U c o 

4 ) *iHHOOMOKlNiO'tHC 


jg ra j y 

O 

S^Hri'^OJ^OOOOOOC 


o 


CO 


~ #s 

^ CJ . • 

CJ G i-i *T3 

^OOOOOCOO'f'OOOO 

E rt . C 


New Jei 
Pennsyb 
Delaw 
and 
Mary la 

If5 ^ o O O O! CO N 00 N n r< 

'tjriHIOCONfliHHOOOO 


^•5 . 

-QOOOOOOOOClOOt^ 


o o g ■ 

^NOoO^OOGClCOCOCOr-iTH 


w o 

t*H y H t» < 


it *2 



o G -<? 

& 

^HiHioeofiifiHHOodo 

New Hamp¬ 
shire, Massa¬ 
chusetts, 
Rhode- Island, 
Connecticut, 
and Virginia. 

-^©OOOOOOOoOO-J'O} 

t :oON<0<»(0 00.(NOi(0 'CriTH 

TH r-» 

^T-*r-«^C^r^^r-<rMOOOO 


♦ ' 

Ml* 


i O G 

. o 


bo •- 
G 

^OOOOOOOOCOOO’- 


^2 O .tj 



u oW 

63 Hoe*<oN'00©iO'}'HO 

• n H ▼-1 r—I 



^HriCOH-'COOOOOOO 


*2 ~ 

Cq 

(scoioooco-no^ctocc^ 


rt — 

*d bO 

bjQ ' ri O* 1 - 1 - r-< 


2 S 

•2j> 

•SiOiooooscocD'^'^cat^oco 


w > 

jJ n y—i f tm 

“*a 


no 



•c 



O 



U 

<w 

.5 « • S • C.S~ . 


o 

to 

V 

g 

Os . c • «s .a 2 x ^ * 

-C O <£ -C j, G G 


& 

.22 j* CO £ o-c^^ O s. (J 

w £ 1? ~ *2 o £ £ Sous 


1 

^<<<<^<<<^<< 


g 

<L> 

e 

<2 


o 

U 



o 


< 


'28 


% 


v 

a 

oT 

c 

c* 

(■l 


* 

M 

ti 

H 

•J 

Z3 

ns 2 
c 

«i bj9 

o a, 

PS o 

< j3 
S5 '-2 

* tt 

< 

« IS 

<d .r; 

c 

*1 a 

1 -? c* 
1- » 

a; ^ 2 * 
fe **c3 

a> ^ 

£ ■** 

£; o» 

s? Jl 


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CHARGES on Goods at the stvp.raI SUFFERANCE WIIARFS in London. 


Nicaragxia wood 
Logwood and lead 
Fustick 
Redwood 
Camwood 
L'grmm Vits 
Ebony 
Barwood 
Cocus wood 
Sanders wood 
Boxwood 
Young Fustick - 
Brazillctto - 
Sassafras - - 

Mahogany - 
Ashes American - 

- Russian 

Allum and argol - 
Barilla in serous - 
Ditto loose - 
Brimstone - 


/each pr. ton 

- pr. do. 

- pr. do. 

- pr. do. 

- pr. do. 

- pr. do. 

- pr. do. 

- pr. do. 

- pr. do. 

- pr. do. 

- pr. do. 

- pr. cask 

- pr. bale 

- pr. side 

- pr. hhd 


- * - - pr. tierc< 

r - pr. tub 

- - - - pr. lirki 

eras - - - pr, ton 

- * - - pr. do. 

er Sc cream of tartar pr. do. 
;e, English - - *"• 

mdhemp 
, codilla 


pr. do. 
pr. do. 

- pr. do. 

- pr. do. 

'•"uiu - pr. do. 

Hops - • pr. bag 

Ditto - pr. pocket 

Hart, cow. Sc ox, horns pr 100 pair 
Iron - pr. ton 

Kelp - • - - pr. do. 

Mats, pr bundle of 10 mats - 
Rice per tierce, commonly 
called barrel - 

©il, fish, seed and fruit pr. ton 

PHch - - - - pr. barre 

Shumack - - - pr. bag 

Ditto ... -pr. large do. 
Ditto - - - pr. double do 

Sugar in casks - - pr. ton 

Ditto in chests or boxes 


Tar 

Turpentine - 

Ditto - 


* pr. barrel 
- pr. do. 


Tallow - - - pr. ton 

Valonea - - - pr. do. 

Whalebone - pr. do. 

Crates 3 d if above .25 feet each 


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per ditto 


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per 100 tierces— 
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per 100 firkins— 


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'per 100 pair — 


per 100 bundles 
per cask - - 


per 100 barrels 


* 

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per ditto ■—■ » ■ »- 
|per cask 


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0 6 
0 2 


nemp anc riax commenced X 4 th June; other (hoods on 24 th December, 1700 , on at 
the geeat increase in the price of labour and other contingent expences. 

N.B. Goods, not enumerated, to be charged in proportion to the above rates. 


F I N I & 





























































































London, August 1st, 1805. 

GENTLEMEN, possessing ORIGINAL DOCUMENTS, and who are disposed to part with the 
llesuh of their f .a hours, for the Benefit ot the Nautical World, are respectfully inf'oimed, that they 
will he ENGRAVED with Accuracy, Elegance, and Un iformity of StyiTe, on Application 
to P. STEEL, at the Xacigation-Warehouse, Little Tower-Hill, London ; by whom they will be ex¬ 
peditiously published. 

JS T . B._Anv Hints or Communications, tending to the Improvement or Correction oi Charts 

and Nautical Publications in general, will be most thankfully received. 

A NEW CATALOGUE 

Of the latest and best SEA-CHARTS, PILOTS, and BOOKS on NAVAL SCIENCE, on NAVI¬ 
GATION and COMMERCE, which are Sold, Wholesale and Retail, with large Allowance upon 
Exportation-Orders, by , 

P. STEEL, 

AT THE 

NA VIGA 770A 7 - WARE HOUSE, 

Union-Row, Little Tower-Hill. 

Where also may be had, the new Circle of Reflexion ; Sextants of a superior Description ; 
Hauler’s Quadrants of the best Construction; Cases of Instruments Scales, Tele¬ 
scopes, Ac. &c. 


CHARTS.* 


I. The Atlantic Ocean, Great Britain, and Ireland . 

s. d. 

1* A lar^c and excellent chart of the Atlantic or Western Ocean; compiled and drawn from a 
great variety of original surveys, &c. by Admiral Knight, Messrs d Apres, Chabeit, Puysegur, 
Tleurieu, Tofino, &c. Ac.; accompanied with an analysis of the dangers, and table of variation 

of the compass . ..“ 10 

2 * The River Thames and River Medway, to the Nor-e, on a large scale, beautifully engraved, 

and coloured. Single, 5s. On cannvas and rollers -------------- 9 0 

3 * The Port of London, from London to Woolwich, with the new docks, &c. on a very large 

scale... ‘ .. 4 

4 The River Medway, from Sheerness to Rochester, plain, 2 s. 6d. or coloured ----30 
5 * The east coast of England, from Folkstone to Hasborough Gat, with the Thames to Lon¬ 
don ; a beautiful and accurate chart, witli a number of elegant views, by Admiral Knight, 

\ c \c 

6 * One half of the foregoing, containing the north and south Channels of the River Ihataes, 

to Harwich and the South Foreland, &c. - - - - - - “ “ * “ " " ' " " 40 

7* The eastern coast from Lowestoffe to Cromer, including \ armouth Roads and Hasborough 
Gat, from the surveys of Admiral Knight and CupUtin Hnddart, with the appearance oi tne ’ 

*1^ and most accurate trigonometrical survey of Yarmouth Roads, including the 
Cockle Gat, St. Nicholas’ Gat, and the Stanford Passage, by Mr. Thomas iothcringhame, ^ ^ 

Master in the Royal Navy (1804) ~ . 

9 Yarmouth to Scarborough, with Boston and Lynn Deeps, on a large scale - - -- - 7 6 

10 Scarborough to Buchanness,. with enlarged plans ot all the harbours, on a large scale - - 7 6 

11 Tim East of Scotland, from the Staples to Duncansby Head, dedicated to the Loids of the 

Admiralty, by Mr M. Downie- ,> - 

12 Holy-Island, Fern Islands, and the Staples, by the same. ^>0 

31 Edinburgh Frith, from Berwick to the Lime-Kilns, by the same - - - - - * ~ b 

14 St Abb’s Head to the Red-Head, with the entrance Edinburgh Firth up to Abcrlady, ^ ^ 

15* BuchmmSto Farout-ft’ad," wi'th't'hcjdini of oikney and Shetland, newly improved . 7 6 

16 Orknev Blands, on a large scale, by George Eunson - - - - - - - ; " " " / 5 

17 Fsroui-Head to the Mull of Caocire, with all the Lewis** from M'Xenzies surreys, ^ ^ 

18 W ».to^ and" the Brisk! Channels', with ell. the harbonrs, on enlarged scales, and ? ^ 

19° south, coasts 'of. Ireland, 'from M' Kensle’s surveys, withyireeiUm ^ 

on the plates - 


* This mark (* Vsigmiies lately published. 


20. The 



















CHARTS. 


20 

21 


23 

24 


* * 
* 


5 0 


The noith-east of Ireland, from Drogheda to the Skerries . ...'761 

lhe north-west of Ireland, from the Skerries to Balliconnel .' • 7 6 I 

22 The west of Ireland, from Balliconnel to Slyne-Head. 7 6 j 

The west of Ireland, from Styne-Head to Kerry-Head. 75 ; 

1 he south-west and south coasts, from Kerry-Head to Kilraury.. .7 6 i 

lC P 1 ece ding are from M‘Kerizie, on a very Urge scale, with harbours and separate di~ 

. reetions to each . 

o’L r TO ° f Bcar - Haven and Gantry Kay, by Admiral Knight, beautifully engraved - 5 0 ;j 

V ork iiar o°ur, by the same, a most elegant chart, with views, &c. . - - -. 

* ^ very large and splendid chart of the British Channel, from new and accurate 

surveys, a great number of observations, by Chronometer, of Admiral Knight, and the grand 
trigonometrical surveys, &c. with a numerous collection of views, and a book of sailing di¬ 
rections (1804) . 0 

!oA SraalICr Chart of the British Channel, with harbours, and a book of directions* - - I 
2 . A new and excellent chart of the Isle of Wight, Spithead, the passage at the Needles, &c 
* e S ulat , ed y lhe M rand trigonometrical surveys'; with views, by Admiral Knight (1804) - 

Si* Portland, with the Shambles, West Bay, &c. by Admiral Knight; with views and directions , „ 

Ai arge sur ' r Vy of Torbay, by Mr J. Dessiou, handsomely engraved : with directions - - 4 0 

32 Guernsey, Jersey, Sark,-and Alderney, &c. - - - . . . . .. 4 0 

33 Dartmouth Harbour, by Mr J. Dessiou - . 4 A 

34* Plymouth Sound, on a very large scale - - - - - _ _ . _ . _ m \ _ _ .40 

o5 The Scilly Islands, with appearances - 


14 0 
7 6 


6 0 
4 0 


2 0 


II. The North Sea , Flanders , Holland, &c. With the Baltic , Gulf of 
Finland, and Northern A avigation to Greenland 9 &c. 


9 0 


i ^ e r , co&sks °f England, France, and Holland, from Dungcness to Lynn-Deeps, and from 
(1805) nSneZ t0 thC XeXe3, 011 a ver ? lar S e from the surveys of Admiral Knight, &c. 

5 7 Flanders, from Calais to Schovven, with all the banks -* - -' -' - l l l l l 7 6 

08 Holland, irom Schowen to the Texel, by S. A. Arnold .. 7(5 

o9 lhe Hondt, or Western Scheld, up to Antwerp; a beautiful and exact copy of the great 
survey lately made by order oi the French .Government . _t 4 o 

1 ° TJie Texei to Norway, by L ieut Brodie; with directions. ""--12 0 

(he Rivers Elbe and Weesor; with directions . ^ q 

4S * Ike Kattegat, from new surveys in the Royal Marine Depot at Copenhagen, by M, de 


43 lhe Sound, and Danish Grounds, on a verv Jar^e scale 
4-4* H-U:. T7_ n , - O 


45 * 



them. The book otherwise is 

46 I he northern coasts ol Europe, from England to the White Sea 

47 I he White Sea, on a very large scale, from the survey by order of 


48 


> 1 1 - —j — 5 ''ouPfj uv tiraer or the Russian government 

. General chart ot all the coasts from England to Greenland, Davis’s Straits, mid Hudson’s 
Jbay, lrom the best surveys.. . 


bay, 


survey 


8 0 


III. 


Bay of Biscay, France, Spain, Portugal, and the Mediterranean . 

49 Kih^ht° f 1 ^ SCay, f ° m the latest French surveys, with the harbours, and views,'by Admiral 


~, nother chart of the Bay of Biscay, with the soundings, by M. Maein 

5 survevs n of l Dou \Tf t^T‘T"’ {l ° m St Jean de Luz to Cape Finisterre, engraved from the 
smve^s oi Don A, icente J o(mo; a la,rge and beautiful chart, with a great number ofelegant 

v lew 5 iti 




A2* Spain and Portugal, from Cape Ortegal to Gibraltar, from-Tofino 
53*-The h Meditc PU1U aadPortuga1 ’ " i,h P lai)S of the principal harbor 


principal harbours - 


&c.; with views - - 


piam ofs-veSZZZ"! "Z? ffe ^ Admiral'Knigti., 'a„d' 

% £‘gj *! !r with twenty-three p»rtic<ilM*plan» olkwbooi* " " - I 

56» Therewith Ztof Spai™ fa"c£“, ,o CapedePalat W j th , d " eC ^ on f 

§• c r!’ : hh «*-* *- - > 

£J ar & e su . rve ? ofvEeaJjorn Roads, by Mr J. Jackson.. ? 


60 * The Grecian Archipelago, on a large scale 


o 

5 

IV 










































CHARTS. 


3 


51 

52 

53 
34 
l55 

p6 

57 

|58 

59 


IY. North America, from Newfoundland to Mexico . 

Newfoundland, with Its banks, and enlarged plans of all its ha&ours - - - - 

The same, without the banks - - ~ ‘ " 

The Gulf and River St Lawrence, on a large scale - - - - -. 

Nova-Scotia, with Cape Breton, and the Bay of Fnndy from Des Barres - - - 

The coast from the Bay of Fuudy to New York, with the principal harbours - - 

New York to Cape Fear, with the same. 

Cape Fear to Hillsborough, with the same - -.. 

East Florida, with the Bahama Banks and Islands - 

East and West Florida, to the Mississippi, with harbours -. 

Y. The West Indies. 


s . d. 

1.5 0 
7 6 
7 
7 
7 
7 
7 
7 
7 


12 0 
10 6 

7 6 

8 0 

4 0 


.Vo* A very large and accurate Chart of the Whole of the West Indies, with the Gulf of Mexico, 
from the new Spanish surveys and those ot Admiral Kaight; with views, &c. - - - - 

71 The Gulf of Florida, Bahama Islands, Windward Passages, part ot St Domingo, with 
the Bay of Honduras, &c. and a book of directions - * * " ‘ " " ' . _ , 

72 * The Gull-Passage, with particular observations on the stream, &c. and direction., by 

73 The Caribbean Sea, from Barbadoes to Jamaica,, on a large scale, with harbours, &.c - 

74* The Virgin Islands, by George King, Land-Surveyor ot those Islands, handsomely 

engraved - * - ' 

VI. Africa, Indian Ocean, and South Sea. 

175* The Azores, or Western Islands, by Messrs Fleurien and Tofino, with nuinerous views 
The Canary Islands, including Madeira and Porto Santo, by M. de Borda, with 17 views 
England to the Cape of Good Hope, with the opposite coast - 
Europe and Africa, from Lisbon to Sierra 
Sierra Leone to the Cape ot Good Hope . - ■ - ’ 

Large Indian Ocean, trom the Gape to China 
Smaller Indian Ocean, to China - -- -- -- -- -- 

England, to Cape Horn and New Zealand - -- -- 

numerous to be here detailed. 


?6 ! 

77 

78 

79 

80 
81 
82 
88 


3 

4 
10 


6 
0 
6 
0 
10 6 

- 15 0 

- 10 6 
- 12 0 
-76 


*c, 


PILOTS. 

♦Steel’s European Maritime Atlas, con¬ 
taining a very capital set of large and ele¬ 
gant charts for all the coasts of Europe, includ¬ 
ing the Mediterranean Sea, See. from the most 
recent surveys, with sailing directions, £ 6 6 
Sieel’s complete Bhiiisii and Irish 1 i- 
eot, for the coasts of Great Britain and Ire¬ 
land : with the opposite coasts of France, 
Flanders, Holland, &c. being a selection from 
the above, £ 8 13 6 

♦Steel’s new British, Irish, and Medi¬ 
terranean, Pilot, being a collection of 
new surveys, comprising the whole of the na- 
vigation to the 13 lack Sea, with sailing ciirec 
turns, £4 14 6 

♦Pilot lor Great Britain and the eastern coast of 
Ireland, on the plan of the above; with the 
new charts of the Channel, &c. by Admiral 
, Knight; and directions, £2 12 6 
i Mackenzie’s.MaiitimeSurveys, 2 volumes, <£ 8 8 
I The complete Irish Pilot, on six large charts, 
with directions, £2 2 
Smaller Irish Piiot, with ditto, £4 
Small Pilot for St George’s Channel and Ire¬ 
land, with book, 14s. , 

Pilot for St George’s Channel, Ireland, and 
Lewises, with book, £ 1 1 ... , 

♦Steel’s new and capital Pilot for the British 
Channel, &c. including the east coast to Yar¬ 
mouth, with directions) £ 2 % 


PILOTS. 

♦Steel’s new Pilot for the British Channel, Bay 
of Biscay, Spain, and Portugal, from the latest 
surveys/with directions, £ 2 12 6 

Pilot for the British, St George’s, and Bristol, 
Channels, with Bay of Biscay, &c. 18s. 

♦Newcastle and North-Country Pilot, to Buchan- 
ness, £l 

♦Newcastle and North-Country Pilot, to Shet¬ 
land, £ 1 5 

Downie’s surveys of the. east of Scotland, and 
directions, £ 16s. 

♦Large North-Sea Pilot, six charts, on a large 
scale, with directions, £ 1 11 6 

♦Smaller North-Sea Pilot, £15 

♦North-Sea and Hambro’ Pilot, £ 1 } 

♦North-about Navigator, from the Thames' to 
Bristol, £1 15 

♦Steel’s Pilot for the Baltic and the Gulf of Fin¬ 
land, a collection of new and elegant charts, 
on a large scale, with directions, £2 c 2 

*M. de Lovenorn’s new Pilot for the Kattegat 7s. 

A Pilot for the Archangel Trade, il 4 

Greenland Pilot, for Davis’s Straits aud Hudson’s 
Bay, 12s. 

♦Steel’s new Pilot for the Mediterranean boa, 
containing, in an accurate and elegant style, 
the whole navigation to the Black Sea; w ith 
directions, £5 5 

♦Smaller Pilot for the Mediterranean Sea, 

' ' • The 



















BOOKS ON NAVAL SCIENCE, &c. 


The North-American Pilot; comprehending, on 
a large scale, the coasts from Newfoundland j 
to the Mississippi, ,.£'3 3 
Newfoundland and Nova-Scotia Pilot, on a large I 
scale, £l 1° 

Americau-States Pilot, X1 1° 

♦Steel’s' new West-India Pilot; containing aj 
new and excellent set of charts lor the whole ' 


navigation to the Gulf of Mexico; with di¬ 
rections, £2 2 

♦The'same, with Admiral Knight’s new chart of 
the Channel, £2 3 2 6 

The African Pilot, by Norris,Dalzel,&c. 

£2 12 6 

Pilots for the East Indies, of various sizes and 
prices, from 13 guineas to £ 1 11 6 


BOOKS ON NAVAL SCIENCE, NAVIGATION, &c. 


♦The Elements and Practice of Naval] 
Aiu,'itiTECTUUE ; with all the dimensions of 27 
classes of ships and vessels, and 38 large 
draughts, on a grand scale. One volume quarto, 
•with the draughts separately. An invai.ua- 
bie ivork, both for the purpose of initiation, and 
for constant use, £ 10 10 

♦The Sii i i’\v right’s Vade Me cum; a clear 
and familiar introduction to ship-building, in¬ 
cluding practical geometry, &c. with four 
draughts. Boards, J. 1 7 ; or bound, £ 1 11 6 

♦The Elements and Practice of Rigging, 
Seamanship, and Naval Tactics-; con¬ 
taining treatises on the making of masts, yards, 
Si. c. and on every subject relative to the rig¬ 
ging and working of a ship ; with 100 beautiful 
engravings. Two volumes, quarto, £4 4 

♦Another edition, in 4 vol. octavo, £2 12 6 

♦Art of making masts, yards, &c. with large 
plates> 18s. 

♦Art of rigging, with plates, 10s. 6J. 

♦Art of sail-making, with ditto, 9s. 

♦Seamanship, both in theory and practice, 7s. 6d. 

♦The Svsti m of Naval Tactics, with coloured 
figures, 7s. 6<L 

Hutchinson’s Treatise on Naval Architecture and 
Practical Seamanship; fourth edition, 4to, 18s. 

♦Observations and instructions for the use of the 
commissioned, the junior, and other, Officers of 
the Royal Navy, on all the material points 
of professional duty, 7s. 

♦Perpetual Birthing and Watch-bill Book ,£11 

Sea-G uniter’s Companion, 2s 6d. 

Cobin’s Linear Perspect Be, adapt ed to shipping, 3s. 

♦Steel’s Dimensions of a Ship of each class in the 
Navy, Sheet, 6s. folded, 6s. 6d. 

Liddel’s Seaman’s Vade Meciuu, 12s. 

•Delafons on Courts-Martial, 10s- 6d. 

♦Improved practical Navigator; a complete epi¬ 
tome of navigation; with new tables, corrected 
from many thousand errors'of former works. 
By N. Bow ditch and T. Kirby, 10s. 

Waller on the Variation, Ac, 6s. 

Kelly on Spherics, Ac. 8s. 

Ephe metis, annually,* 5 s. 

Requisite Tables, new edition, 5s. 

Mack ay on the Longitude, 2 voi. (1 1 

TavloFs Logarithms, ^ 5 5s. 

Callet’s celebrated stereotype edition of Loga¬ 
rithms, &c. (French,f) to seconds and ten 
seconds, £ 1 L 


Harrison’s complete Observaror, 3s.. 6d. 

.Hargetts’ Longitude Tables, £ 5 5 

Mendoza’s Nautical Tables, X 3 

Shepherd’s Tables of Refraction, Ac. £ 1 11 6 

Wales on Time-keepers, 3s. 

Seaman’s Daily Assistant, 4s. 

♦The new Seaman’s Guide, and Coaster’s Com¬ 
panion ; complete directions iorail the coasts of 
the North Sea. English Channel, Ac. improved 
and enlarged, 5s. 

Downie’s Directions for the east of Scotland, 2s. 6d. j 

♦Downie on the Atmosphere, 2s. 6d. 

Directions for the Lewises, &c. 2s. 

Directions for St George's Channel, 2s. 

Directions for the British Channel; corrected by , 
the new surveys, 2s. 6d. 

♦Directions for the North Sea, 2s 6 d. 

♦Ditto, for the Sound, Baltic, and Gulf ( of Fin¬ 
land, Is. 6d. 

Directions for the Mediterranean, 2s. 6d. 

Directions for North America, 2s. 6d. 

♦Directions for the Gulf Passage, 2s. 

♦Steel’s Atlantic and West-India Navigator; a 
complete and accurate book of instructions lor * 
this navigation ; bound, 6s;. 

♦Directions for Africa, os. 

♦Oriental Navigator, lot the East Iwd ies, £2 2 

.♦Ship-master’s Assistant and Owner’s Manual, 10s. * 

♦Steel’sTable of Duties, 7s. 

♦Seaman’s Ready Calculator, for the contents of ) 

packages, 6s. 

ludia-OUicer’s and Trader's Pocket-Guide, 5s. 

India-Trader’s Pocket-Assistant, 3s. 

♦Steel’s Naval Chrouologist of the late War; a 
new edition greatly improved, 5s. 

♦Nautical Nomenclator, or Dictionary of the 
British Navy, Is. 

♦Steel’s List of the Royal Navy, monthly. Is. 

♦Steel’s Prize Pay Lists for the late War, 4s. 

♦Ditto, from May, 1803, to May, 1805, 2s. 6d. j 

SEA JOURNALS, printed, ruled, and plain;. 
LOG - BOOKS, CARGO or FREIGHT 
BOOKS, SEAMAN’S ARTICLES of Agree- - 
meat. See. 


The foregoing, and all other of the various, 
publications of P. Steel, may, generally, be 
had of the Booksellers at the ditferent Sea-ports 
of the Uiiited Kingdom. 


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Printed by C. and IF, Galabin, Ingram-Court, FenchuTeh*Street. 




















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